Case OPENED, State of New York et al. v. U.S. Department of Education, No. 25-1424 (2d Cir.), Doc. 3-2 (June 4, 2025)
Summary
Doc. 3-2 in Second Circuit Case No. 25-1424, State of New York et al. v. United States Department of Education, containing a notice of appeal and a copy of the district court civil docket. In the notice, Case 1:25-cv-02990-ER Document 109, Defendants appeal to the United States Court of Appeals for the Second Circuit from the Order granting a preliminary injunction entered on June 3, 2025; it is dated June 4, 2025 and its signature block names Assistant United States Attorney Dana Walsh Kumar. The docket sheet lists the case as assigned to Judge Edgardo Ramos, with a complaint under the Administrative Procedure Act and a motion for preliminary injunction. Entry 109 is the Notice of Interlocutory Appeal filed by Linda McMahon and the United States Department of Education.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Case OPENED, State of New York et al. v. U.S. Department of Education, No. 25-1424 (2d Cir.), Doc. 3-2 (June 4, 2025).”
Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/case-opened-state-of-new-york-et-al-v-u-s-department-of-education-no-2-36be72beb6/
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(1 of 19), Page 1 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 1 of 19
Case 1:25-cv-02990-ER Document 109 Filed 06/04/25 Page 1 of 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------x
STATE OF NEW YORK, et al.,
Plaintiffs,
No. 25 Civ. 2990 (ER)
v.
NOTICE OF APPEAL
UNITED STATES DEPARTMENT OF
EDUCATION, et al.,
Defendants.
------------------------------------------------------------x
Defendants appeal to the United States Court of Appeals for the Second Circuit from the
Order granting a preliminary injunction entered on June 3, 2025.
Dated: June 4, 2025
New York, New York Respectfully submitted,
JAY CLAYTON
United States Attorney for the
Southern District of New York
Attorney for Defendants
By: /s/ Dana Walsh Kumar
DANA WALSH KUMAR
Assistant United States Attorney
86 Chambers Street
New York, New York 10007
Telephone: (212) 637-2741
E-mail: dana.walsh.kumar@usdoj.gov
(2 of 19), Page 2 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 2 of 19
APPEAL,ECF
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:25−cv−02990−ER
State of New York et al v. United States Department of Date Filed: 04/10/2025
Education et al Jury Demand: None
Assigned to: Judge Edgardo Ramos Nature of Suit: 899 Other Statutes:
Cause: 05:551 Administrative Procedure Act Administrative Procedures Act/Review or
Appeal of Agency Decision
Jurisdiction: U.S. Government Defendant
Plaintiff
State of New York represented by Andrew Stuart Amer
New York State Department of Law (28
Liberty)
28 Liberty Street
New York, NY 10005
212−416−6127
Fax: 212−416−6009
Email: andrew.amer@ag.ny.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Molly Anne Thomas−Jensen
Office of the New York Attorney General
28 Liberty Street
New York, NY 10005
212−416−8679
Email: molly.thomas−jensen@ag.ny.gov
ATTORNEY TO BE NOTICED
Rabia Claire Muqaddam
NYS Office of The Attorney General
28 Liberty Street
New York, NY 10005
917−715−4172
Email: rabia.muqaddam@ag.ny.gov
ATTORNEY TO BE NOTICED
Stephen Christopher Thompson
NYS Office of The Attorney General
28 Liberty Street
New York, NY 10005
212−416−6183
Email: stephen.thompson@ag.ny.gov
ATTORNEY TO BE NOTICED
Plaintiff
State of Arizona represented by Alexa Gabriela Salas
Arizona Attorney General's Office
Solicitor General's Office − Special
Litigation Section
2005 N Central Ave
Phoenix, AZ 85004
602−542−8049
Email: alexa.salas@azag.gov
ATTORNEY TO BE NOTICED
Lauren Watford
Arizona Attorney General's Office
Solicitor General
2005 N Central Ave
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Phoenix, AZ 85004
602−542−3333
Email: Lauren.Watford@azag.gov
ATTORNEY TO BE NOTICED
Plaintiff
State of California represented by Cheryl Lynn Feiner
California Attorney General's Office
Civil Division/Office of the Attorney
General
455 Golden Gate Avenue
Suite 11000
San Francisco, CA 94102−7004
415−510−3450
Fax: 415−703−5480
Email: cheryl.feiner@doj.ca.gov
ATTORNEY TO BE NOTICED
Jose Pablo Galan DE LA Cruz
California Attorney General's Office
Health, Education, and Welfare
455 Golden Gate Ave
Ste 11000
San Francisco, CA 94102
415−510−3439
Fax: 415−703−5480
Email: pablo.galan@doj.ca.gov
ATTORNEY TO BE NOTICED
Maureen Chinyere Onyeagbako
Office of the Attorney General
Civil
1300 I Street
Sacramento, CA 95814
916−210−7324
Fax: 916−324−5567
Email: Maureen.Onyeagbako@doj.ca.gov
ATTORNEY TO BE NOTICED
Plaintiff
State of Delaware
Plaintiff
District of Columbia represented by Andrew Charles Mendrala
Office of the Attorney General for the
District of Columbia
Civil Rights Section
400 Sixth Street N.W.
Washington, DC 20001
202−724−9726
Email: andrew.mendrala@dc.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
State of Hawaii represented by David Dana Day
State of Hawaii − Department of the
Attorney General
Appellate Division
425 Queen Street
Honolulu, HI 96813
808−586−1284
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Email: david.d.day@hawaii.gov
ATTORNEY TO BE NOTICED
Kalikoonalani Diara Fernandes
Department of the Attorney General, State
of Hawaii
425 Queen Street
Honolulu, HI 96813
808−586−1360
Email: kaliko.d.fernandes@hawaii.gov
ATTORNEY TO BE NOTICED
Plaintiff
State of Illinois represented by Cara A Hendrickson
Illinois Attorney General's Office
IL
115 S. LaSalle St
Chicago
Chicago, IL 60603
312−814−3000
Email: cara.hendrickson@ilag.gov
ATTORNEY TO BE NOTICED
Elena S Meth
Illinois Attorney General's Office
Special Litigation Bureau
115 S. LaSalle St
Chicago
Chicago, IL 60603
202−869−3875
Email: elena.meth@ilag.gov
ATTORNEY TO BE NOTICED
Plaintiff
State of Maine represented by Sarah Forster
Office of the Maine Attorney General
6 State House Station
Augusta, ME 04333−0006
207−626−8000
Email: sarah.forster@maine.gov
ATTORNEY TO BE NOTICED
Plaintiff
State of Maryland represented by Keith Jamieson
Office of the Attorney General− State of
Maryland
200 St Paul Place
Baltimore, MD 21202
410−576−6960
Email: kjamieson@oag.state.md.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Alan J Dunklow
Office of the Attorney General− State of
Maryland
Maryland State Department of Education
200 St. Paul Place
Ste 19th Floor
Baltimore, MD 21202
410−576−6356
Email: adunklow@oag.state.md.us
ATTORNEY TO BE NOTICED
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Elliott Schoen
Office of the Attorney General− State of
Maryland
200 St. Paul Place
Ste 1900
Baltimore, MD 21202
410−576−6453
Fax: 410−576−6309
Email: eschoen@oag.state.md.us
ATTORNEY TO BE NOTICED
Plaintiff
Commonwealth of Massachusetts represented by Katherine Brady Dirks
Massachusetts Attorney General's Office
1 Ashburton Pl.
Ste 20th Floor
Boston, MA 02478
617−963−2277
Email: katherine.dirks@massmail.state.ma.us
ATTORNEY TO BE NOTICED
Plaintiff
People of the State of Michigan represented by Neil Anthony Giovanatti
Michigan Department of Attorney General
525 W. Ottawa St
P.O.Box 30758
Lansing, MI 48909
517−241−5886
Fax: 517−241−1997
Email: giovanattin@michigan.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
BreAnna J Listermann
Michigan Department of the Attorney
General
525 W. Ottowa St.
Lansing, MI 48909
517−335−7603
Email: listermannb@michigan.gov
ATTORNEY TO BE NOTICED
Plaintiff
State of Minnesota represented by Elizabeth C Kramer
Minnesota Attorney General's Office
Solicitor General
445 Minnesota Street
Ste 600
St. Paul, MN 55101
651−757−1010
Email: liz.kramer@ag.state.mn.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
State of Nevada represented by Heidi Parry Stern
Nevada Attorney General's Office
Solicitor General
1 State of Nevada Way
Ste 100
Las Vegas, NV 89119
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702−486−3594
Email: hstern@ag.nv.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
State of New Jersey represented by Lauren Elizabeth Van Driesen
Division of Law
Special Litigation
124 Halsey Street
Newark, NJ 07101
973−648−2566
Email: lauren.vandriesen@law.njoag.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
State of New Mexico represented by Anjana Samant
NM Department of Justice
408 Galisteo St
Santa Fe, NM 87501
505−270−4332
Email: asamant@ccrjustice.org
ATTORNEY TO BE NOTICED
Plaintiff
State of Oregon represented by Sara D. Van Loh
Oregon Department of Justice
Special Litigation Unit
100 SW Market St
Portland, OR 97201
503−947−4700
Email: sara.vanloh@doj.oregon.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Josh Shapiro represented by Thomas Paul Howell
in his official capacity as Governor of the Office of General Counsel
Commonwealth of Pennsylvania 30 North Third Street
Suite 200
Harrisburg, PA 17101
717−772−4252
Email: thowell@pa.gov
ATTORNEY TO BE NOTICED
V.
Defendant
United States Department of represented by Christopher Kendrick Connolly
Education United States Attorney's Office
SDNY
86 Chambers Street
3 Floor
New York, NY 10007
(212) 637−2761
Fax: (212) 637−2786
Email: christopher.connolly@usdoj.gov
ATTORNEY TO BE NOTICED
Dana Walsh Kumar
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DOJ−USAO
Sdny
86 Chambers Street
Ste Floor 3
New York, NY 10007
212−637−2741
Email: dana.walsh.kumar@usdoj.gov
ATTORNEY TO BE NOTICED
Defendant
Linda McMahon represented by Christopher Kendrick Connolly
in her official capacity as Secretary of (See above for address)
Education ATTORNEY TO BE NOTICED
Dana Walsh Kumar
(See above for address)
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
04/10/2025 1 COMPLAINT against Linda McMahon, United States Department of Education.
(Filing Fee $ 405.00, Receipt Number ANYSDC−30914125)Document filed by State
of New York. (Attachments: # 1 Exhibit March 28, 2025 Rescission
Letter).(Thompson, Stephen) (Entered: 04/10/2025)
04/10/2025 2 CIVIL COVER SHEET filed..(Thompson, Stephen) (Entered: 04/10/2025)
04/10/2025 3 REQUEST FOR ISSUANCE OF SUMMONS as to Linda McMahon, re: 1 Complaint.
Document filed by State of New York..(Thompson, Stephen) (Entered: 04/10/2025)
04/10/2025 4 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of
Education, re: 1 Complaint. Document filed by State of New York..(Thompson,
Stephen) (Entered: 04/10/2025)
04/10/2025 5 NOTICE OF APPEARANCE by Andrew Stuart Amer on behalf of State of New
York..(Amer, Andrew) (Entered: 04/10/2025)
04/11/2025 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action is
assigned to Judge Edgardo Ramos. Please download and review the Individual
Practices of the assigned District Judge, located at
https://nysd.uscourts.gov/judges/district−judges. Attorneys are responsible for
providing courtesy copies to judges where their Individual Practices require such.
Please download and review the ECF Rules and Instructions, located at
https://nysd.uscourts.gov/rules/ecf−related−instructions..(jgo) (Entered: 04/11/2025)
04/11/2025 Magistrate Judge Barbara C. Moses is designated to handle matters that may be
referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1)
parties are notified that they may consent to proceed before a United States Magistrate
Judge. Parties who wish to consent may access the necessary form at the following
link: https://nysd.uscourts.gov/sites/default/files/2018−06/AO−3.pdf. (jgo) (Entered:
04/11/2025)
04/11/2025 Case Designated ECF. (jgo) (Entered: 04/11/2025)
04/11/2025 6 ELECTRONIC SUMMONS ISSUED as to Linda McMahon..(jgo) (Entered:
04/11/2025)
04/11/2025 7 ELECTRONIC SUMMONS ISSUED as to United States Department of
Education..(jgo) (Entered: 04/11/2025)
04/11/2025 8 NOTICE OF APPEARANCE by Molly Anne Thomas−Jensen on behalf of State of
New York..(Thomas−Jensen, Molly) (Entered: 04/11/2025)
04/11/2025 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Linda McMahon served on
4/11/2025, answer due 5/2/2025; United States Department of Education served on
4/11/2025, answer due 5/2/2025. Service was made by Mail. Document filed by State
(8 of 19), Page 8 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 8 of 19
of New York..(Thompson, Stephen) (Entered: 04/11/2025)
04/11/2025 10 MOTION for Preliminary Injunction . Document filed by State of New York..(Amer,
Andrew) (Entered: 04/11/2025)
04/11/2025 11 MEMORANDUM OF LAW in Support re: 10 MOTION for Preliminary Injunction . .
Document filed by State of New York. (Attachments: # 1 Exhibit A − Table of
Supporting Declarations, # 2 Exhibit B − Proposed Preliminary Injunction
Order).(Amer, Andrew) (Entered: 04/11/2025)
04/11/2025 12 DECLARATION of Dean Slaga in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York..(Thompson, Stephen) (Entered:
04/11/2025)
04/11/2025 13 DECLARATION of Leisa Maestretti in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York..(Thompson, Stephen) (Entered:
04/11/2025)
04/11/2025 14 DECLARATION of Tami Pierson in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York. (Attachments: # 1 Exhibit A − ED
ARP EANS Approval, # 2 Exhibit B − ED original ARP ESSER Approval, # 3 Exhibit
C − ED ARP ESSER Amended Approval, # 4 Exhibit D − ED HCY Approval, # 5
Exhibit E − ED Rescission Letter).(Thompson, Stephen) (Entered: 04/11/2025)
04/11/2025 15 DECLARATION of Nikki Stewart in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York..(Thompson, Stephen) (Entered:
04/11/2025)
04/11/2025 16 DECLARATION of Cynthia Marten in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York. (Attachments: # 1 Exhibit 1 − ED
ARP HCY Approval, # 2 Exhibit 2 − ED ARP ESSER Approval).(Thompson,
Stephen) (Entered: 04/11/2025)
04/11/2025 17 DECLARATION of Toby Portner in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York..(Thompson, Stephen) (Entered:
04/11/2025)
04/11/2025 18 DECLARATION of Matthew Seaton in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York..(Thompson, Stephen) (Entered:
04/11/2025)
04/11/2025 19 DECLARATION of William Bell in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York. (Attachments: # 1 Exhibit 1: First
ESSER award to MA, # 2 Exhibit 2: Second ESSER award to MA, # 3 Exhibit 3:
EANS award to MA, # 4 Exhibit 4: ED solicitation of extension applications, # 5
Exhibit 5: MA EANS extension application, # 6 Exhibit 6: MA EANS amount
outstanding, # 7 Exhibit 7: ED letter to MA granting EANS extension, # 8 Exhibit 8:
MA letter updating outstanding EANS funds, # 9 Exhibit 9: MA EANS updated
outstanding amount, # 10 Exhibit 10: ED email confirming access to EANS funds thru
3/28/26, # 11 Exhibit 11: MA ESSER extension application, # 12 Exhibit 12: MA
ESSER amount outstanding, # 13 Exhibit 13: ED letter to MA granting ESSER
extension, # 14 Exhibit 14: MA letter updating outstanding ESSER funds, # 15 Exhibit
15: MA ESSER updated outstanding amount, # 16 Exhibit 16: ED email confirming
access to ESSER funds thru 3/28/26, # 17 Exhibit 17: ED letter rescinding
extensions).(Thompson, Stephen) (Entered: 04/11/2025)
04/11/2025 20 DECLARATION of Alison Perkins−Cohen in Support re: 10 MOTION for
Preliminary Injunction .. Document filed by State of New York..(Thompson, Stephen)
(Entered: 04/11/2025)
04/11/2025 21 DECLARATION of Carey M. Wright in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York. (Attachments: # 1 Exhibit A −
Letter from ED Office of State and Grantee Relations, # 2 Exhibit B − ARP−HCY
Liquidation Extension, # 3 Exhibit C − ARP ESSER Liquidation Extension, # 4
Exhibit D − ARP EANS Liquidation Extension, # 5 Exhibit E − CRRSA ESSER
Liquidation Extension, # 6 Exhibit F − CRRSA EANS Liquidation
Extension).(Thompson, Stephen) (Entered: 04/11/2025)
(9 of 19), Page 9 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 9 of 19
04/11/2025 22 DECLARATION of Shelly Chasse Johndro in Support re: 10 MOTION for
Preliminary Injunction .. Document filed by State of New York..(Thompson, Stephen)
(Entered: 04/11/2025)
04/11/2025 23 DECLARATION of Michael F. Rice in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York..(Thompson, Stephen) (Entered:
04/11/2025)
04/11/2025 24 DECLARATION of Kathleen Ehling in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York..(Thompson, Stephen) (Entered:
04/11/2025)
04/11/2025 25 DECLARATION of Mariana D. Padilla in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York..(Thompson, Stephen) (Entered:
04/11/2025)
04/11/2025 26 DECLARATION of Christina Coughlin in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York. (Attachments: # 1 Exhibit A − ED
ESSER Grant Letter, # 2 Exhibit B − ED HCY Grant Letter, # 3 Exhibit C − ED
EANS Grant Letter, # 4 Exhibit D − Funding Extension Requests, # 5 Exhibit E −
Honeysett Email, # 6 Exhibit F − Rescission Letter, # 7 Exhibit G − Times Union
Article).(Thompson, Stephen) (Entered: 04/11/2025)
04/11/2025 27 DECLARATION of Tenneal Wetherell in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York. (Attachments: # 1 Exhibit A − ED
ARP ESSER Approval, # 2 Exhibit B − OR ARP ESSER Approval, # 3 Exhibit C −
ED Tydings Waiver Approval, # 4 Exhibit D − OR Tydings Waiver Approval, # 5
Exhibit E − ED instructions on liquidation submissions).(Thompson, Stephen)
(Entered: 04/11/2025)
04/11/2025 28 DECLARATION of Carrie Rowe in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York. (Attachments: # 1 Exhibit A − ED
ARP ESSER Extension, # 2 Exhibit B − ED ARP HCY Extension, # 3 Exhibit C −
Email attaching Rescission Letter, # 4 Exhibit D − Rescission Letter).(Thompson,
Stephen) (Entered: 04/11/2025)
04/11/2025 29 NOTICE OF APPEARANCE by Heidi Parry Stern on behalf of State of
Nevada..(Stern, Heidi) (Entered: 04/11/2025)
04/11/2025 30 NOTICE OF APPEARANCE by Rabia Claire Muqaddam on behalf of State of New
York..(Muqaddam, Rabia) (Entered: 04/11/2025)
04/11/2025 31 NOTICE OF APPEARANCE by Neil Anthony Giovanatti on behalf of People of the
State of Michigan..(Giovanatti, Neil) (Entered: 04/11/2025)
04/14/2025 32 NOTICE OF APPEARANCE by Lauren Elizabeth Van Driesen on behalf of State of
New Jersey..(Van Driesen, Lauren) (Entered: 04/14/2025)
04/14/2025 33 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF.
Document filed by State of New York. Related Document Number: [ECF No
10]..(Amer, Andrew) Proposed Order to Show Cause to be reviewed by Clerk's
Office staff. (Entered: 04/14/2025)
04/14/2025 34 CONSENT LETTER MOTION to Expedite Briefing Schedule re PIaintiffs'
Preliminary Injunction Motion (ECF No. 10) addressed to Judge Edgardo Ramos from
Andrew Amer dated April 14, 2025. Document filed by State of New York..(Amer,
Andrew) (Entered: 04/14/2025)
04/14/2025 35 NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of Linda
McMahon, United States Department of Education..(Connolly, Christopher) (Entered:
04/14/2025)
04/14/2025 36 NOTICE OF APPEARANCE by Dana Walsh Kumar on behalf of Linda McMahon,
United States Department of Education..(Kumar, Dana) (Entered: 04/14/2025)
04/14/2025 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW
CAUSE WITHOUT EMERGENCY RELIEF. Document No. 33 Proposed Order
to Show Cause Without Emergency Relief was reviewed and approved as to form.
(km) (Entered: 04/14/2025)
(10 of 19), Page 10 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 10 of 19
04/14/2025 37 MOTION for Thomas Paul Howell to Appear Pro Hac Vice . Filing fee $ 200.00,
receipt number ANYSDC−30927256. Motion and supporting papers to be reviewed
by Clerk's Office staff. Document filed by Josh Shapiro. (Attachments: # 1 Affidavit
Affidavit inf Support of Motion to Admit Counsel, # 2 Proposed Order Proposed
Order).(Howell, Thomas) (Entered: 04/14/2025)
04/14/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 37 MOTION for Thomas Paul Howell to Appear Pro Hac Vice . Filing fee $
200.00, receipt number ANYSDC−30927256. Motion and supporting papers to be
reviewed by Clerk's Office staff.. The document has been reviewed and there are
no deficiencies. (bc) (Entered: 04/14/2025)
04/15/2025 38 NOTICE OF APPEARANCE by Katherine Brady Dirks on behalf of Commonwealth
of Massachusetts..(Dirks, Katherine) (Entered: 04/15/2025)
04/15/2025 39 FILING ERROR − PDF ERROR − MOTION for Sara Dena Van Loh to Appear Pro
Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.
Document filed by State of Oregon. (Attachments: # 1 Affidavit in Support of Motion
to Admit Counsel Pro Hac Vice, # 2 Proposed Order for Admission Pro Hac
Vice).(Van Loh, Sara) Modified on 4/15/2025 (bc). (Entered: 04/15/2025)
04/15/2025 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC
VICE. Notice to RE−FILE Document No. 39 MOTION for Sara Dena Van Loh to
Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's
Office staff... The filing is deficient for the following reason(s): missing Certificate
of Good Standing from Supreme Court of California;. Re−file the motion as a
Motion to Appear Pro Hac Vice − attach the correct signed PDF − select the
correct named filer/filers − attach valid Certificates of Good Standing issued
within the past 30 days − attach Proposed Order.. (bc) (Entered: 04/15/2025)
04/15/2025 41 ORDER granting 34 Letter Motion to Expedite. The application is granted. (Signed by
Judge Edgardo Ramos on 4/15/2025) (rro) (Entered: 04/16/2025)
04/15/2025 Set/Reset Deadlines: Responses due by 4/24/2025 Replies due by 4/29/2025. (rro)
(Entered: 04/16/2025)
04/16/2025 40 MOTION for Sarah A. Forster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt
number ANYSDC−30937840. Motion and supporting papers to be reviewed by
Clerk's Office staff. Document filed by State of Maine. (Attachments: # 1 Affidavit
Sarah Forster, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed
Order).(Forster, Sarah) (Entered: 04/16/2025)
04/16/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 40 MOTION for Sarah A. Forster to Appear Pro Hac Vice . Filing fee $
200.00, receipt number ANYSDC−30937840. Motion and supporting papers to be
reviewed by Clerk's Office staff.. The document has been reviewed and there are
no deficiencies. (rju) (Entered: 04/16/2025)
04/16/2025 42 ORDER TO SHOW CAUSE REQUEST FOR PRELIMINARY INJUNCTION
UNDER FEDERAL RULE OF CIVIL PROCEDURE 65(a) ORDERED, that the
above−named Defendants show cause before the Honorable Edgardo Ramos, United
States District Judge, Room 619, United States Courthouse, 40 Foley Square, New
York, New York, on Tuesday, May 6, at 10:00 a.m., why an order should not be issued
pursuant to Rule 65 of the Federal Rules of Civil Procedure preliminarily enjoining the
Defendants during the pendency of this action from (1) enforcing or implementing as
against Plaintiffs the directives in the March 28, 2025 letter from Education Secretary
Linda McMahon to State Education Chiefs (ECF No. 1−1); and (2) modifying the U.S.
Education Departments previously approved periods for Plaintiffs to liquidate their
obligations under their education stabilization funds without providing notice to
Plaintiffs at least fourteen (14) days prior to the effective date of such modification;
and it is further ORDERED that Plaintiffs are not required to post security; and it is
further ORDERED that service of a copy of this order by electronic mail on the U.S.
Attorney's Office for the Southern District of New York on or before April 22, 2025,
shall be deemed good and sufficient service thereof; and it is furtherORDERED that
Defendants shall file their opposition papers on the Motion on or before April 24,
2025; and it is further ORDERED that Plaintiffs shall file their reply papers on the
Motion on or before April 29, 2025. It is SO ORDERED. ( Show Cause Hearing set
(11 of 19), Page 11 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 11 of 19
for 5/6/2025 at 10:00 AM in Courtroom 619, 40 Centre Street, New York, NY 10007
before Judge Edgardo Ramos.), ( Replies due by 4/29/2025., Responses due by
4/24/2025) (Signed by Judge Edgardo Ramos on 4/15/2025) (jca) (Entered:
04/16/2025)
04/16/2025 43 FILING ERROR − PDF ERROR − MOTION for Kalikoonalani D. Fernandes to
Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC−30943126.
Motion and supporting papers to be reviewed by Clerk's Office staff. Document
filed by State of Hawaii. (Attachments: # 1 Affidavit in Support of Motion to Admit
Counsel Pro Hac Vice, # 2 Proposed Order for Admission Pro Hac Vice).(Fernandes,
Kalikoonalani) Modified on 4/17/2025 (bc). (Entered: 04/16/2025)
04/16/2025 44 FILING ERROR − PDF ERROR − MOTION for David D. Day to Appear Pro Hac
Vice . Filing fee $ 200.00, receipt number ANYSDC−30943140. Motion and
supporting papers to be reviewed by Clerk's Office staff. Document filed by State
of Hawaii. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro
Hac Vice, # 2 Proposed Order for Admission Pro Hac Vice).(Day, David) Modified on
4/17/2025 (bc). (Entered: 04/16/2025)
04/17/2025 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC
VICE. Notice to RE−FILE Document No. 43 MOTION for Kalikoonalani D.
Fernandes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number
ANYSDC−30943126. Motion and supporting papers to be reviewed by Clerk's
Office staff. The filing is deficient for the following reason(s): missing Certificate
of Good Standing from Supreme Court of Hawaii and DC; Re−file the motion as
a Motion to Appear Pro Hac Vice − attach the correct signed PDF − select the
correct named filer/filers − attach valid Certificates of Good Standing issued
within the past 30 days − attach Proposed Order.. (bc) (Entered: 04/17/2025)
04/17/2025 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC
VICE. Notice to RE−FILE Document No. 44 MOTION for David D. Day to
Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC−30943140.
Motion and supporting papers to be reviewed by Clerk's Office staff... The filing
is deficient for the following reason(s): missing Certificate of Good Standing from
Supreme Court of Hawaii;. Re−file the motion as a Motion to Appear Pro Hac
Vice − attach the correct signed PDF − select the correct named filer/filers −
attach valid Certificates of Good Standing issued within the past 30 days − attach
Proposed Order.. (bc) (Entered: 04/17/2025)
04/17/2025 45 MOTION for Kalikoonalani D. Fernandes to Appear Pro Hac Vice . Motion and
supporting papers to be reviewed by Clerk's Office staff. Document filed by State
of Hawaii. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro
Hac Vice, # 2 Exhibit Certificate of Good Standing (HI), # 3 Exhibit Certificate of
Good Standing (DC), # 4 Proposed Order for Admission Pro Hac Vice).(Fernandes,
Kalikoonalani) (Entered: 04/17/2025)
04/17/2025 46 MOTION for David D. Day to Appear Pro Hac Vice . Motion and supporting papers
to be reviewed by Clerk's Office staff. Document filed by State of Hawaii.
(Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2
Exhibit Certificate of Good Standing (HI), # 3 Proposed Order for Admission Pro Hac
Vice).(Day, David) (Entered: 04/17/2025)
04/17/2025 47 MOTION for Alan John Dunklow to Appear Pro Hac Vice . Filing fee $ 200.00,
receipt number ANYSDC−30950122. Motion and supporting papers to be reviewed
by Clerk's Office staff. Document filed by State of Maryland. (Attachments: # 1
Affidavit Affidavit in Support of Motion to Appear Pro Hac Vice, # 2 Exhibit
Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Dunklow, Alan)
(Entered: 04/17/2025)
04/17/2025 48 MOTION for Elliott Lawrence Schoen to Appear Pro Hac Vice . Filing fee $ 200.00,
receipt number ANYSDC−30950162. Motion and supporting papers to be reviewed
by Clerk's Office staff. Document filed by State of Maryland. (Attachments: # 1
Affidavit Affidavit in Support of Motion to Appear Pro Hac Vice, # 2 Exhibit
Maryland Certificate of Good Standing, # 3 Exhibit Colorado Certificate of Good
Standing, # 4 Proposed Order Proposed order Pro Hac Vice).(Schoen, Elliott)
(Entered: 04/17/2025)
(12 of 19), Page 12 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 12 of 19
04/18/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 45 MOTION for Kalikoonalani D. Fernandes to Appear Pro Hac Vice .
Motion and supporting papers to be reviewed by Clerk's Office staff.. The
document has been reviewed and there are no deficiencies. (bc) (Entered:
04/18/2025)
04/18/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 46 MOTION for David D. Day to Appear Pro Hac Vice . Motion and
supporting papers to be reviewed by Clerk's Office staff.. The document has been
reviewed and there are no deficiencies. (bc) (Entered: 04/18/2025)
04/18/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 47 MOTION for Alan John Dunklow to Appear Pro Hac Vice . Filing fee $
200.00, receipt number ANYSDC−30950122. Motion and supporting papers to be
reviewed by Clerk's Office staff.. The document has been reviewed and there are
no deficiencies. (bc) (Entered: 04/18/2025)
04/18/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 48 MOTION for Elliott Lawrence Schoen to Appear Pro Hac Vice . Filing fee
$ 200.00, receipt number ANYSDC−30950162. Motion and supporting papers to
be reviewed by Clerk's Office staff.. The document has been reviewed and there
are no deficiencies. (bc) (Entered: 04/18/2025)
04/21/2025 49 MOTION for Keith Michael Jamieson to Appear Pro Hac Vice . Filing fee $ 200.00,
receipt number ANYSDC−30957614. Motion and supporting papers to be reviewed
by Clerk's Office staff. Document filed by State of Maryland. (Attachments: # 1
Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order
for Admission Pro Hac Vice).(Jamieson, Keith) (Entered: 04/21/2025)
04/21/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 49 MOTION for Keith Michael Jamieson to Appear Pro Hac Vice . Filing fee
$ 200.00, receipt number ANYSDC−30957614. Motion and supporting papers to
be reviewed by Clerk's Office staff.. The document has been reviewed and there
are no deficiencies. (bc) (Entered: 04/21/2025)
04/21/2025 50 MOTION for Sara Dena Van Loh to Appear Pro Hac Vice . Motion and supporting
papers to be reviewed by Clerk's Office staff. Document filed by State of Oregon.
(Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2
Proposed Order for Admission Pro Hac Vice).(Van Loh, Sara) (Entered: 04/21/2025)
04/22/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 50 MOTION for Sara Dena Van Loh to Appear Pro Hac Vice . Motion and
supporting papers to be reviewed by Clerk's Office staff.. The document has been
reviewed and there are no deficiencies. (bc) (Entered: 04/22/2025)
04/22/2025 51 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION for BreAnna
Listermann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number
ANYSDC−30968938. Motion and supporting papers to be reviewed by Clerk's
Office staff. Document filed by People of the State of Michigan..(Listermann,
BreAnna) Modified on 4/22/2025 (bc). (Entered: 04/22/2025)
04/22/2025 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC
VICE. Notice to RE−FILE Document No. 51 MOTION for BreAnna Listermann
to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number
ANYSDC−30968938. Motion and supporting papers to be reviewed by Clerk's
Office staff... The filing is deficient for the following reason(s): Affidavit must be
notary stamped;. Re−file the motion as a Motion to Appear Pro Hac Vice − attach
the correct signed PDF − select the correct named filer/filers − attach valid
Certificates of Good Standing issued within the past 30 days − attach Proposed
Order.. (bc) (Entered: 04/22/2025)
04/22/2025 52 MOTION for BreAnna Listermann to Appear Pro Hac Vice . Motion and supporting
papers to be reviewed by Clerk's Office staff. Document filed by People of the State
of Michigan. (Attachments: # 1 Exhibit Order for Admission Pro Hac Vice, # 2
Exhibit Certificate of Good Standing).(Listermann, BreAnna) (Entered: 04/22/2025)
04/23/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 52 MOTION for BreAnna Listermann to Appear Pro Hac Vice . Motion and
(13 of 19), Page 13 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 13 of 19
supporting papers to be reviewed by Clerk's Office staff.. The document has been
reviewed and there are no deficiencies. (rju) (Entered: 04/23/2025)
04/23/2025 53 ORDER granting 37 Motion for Thomas Paul Howell to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
04/23/2025)
04/23/2025 54 ORDER granting 40 Motion for Sarah A. Forster to Appear Pro Hac Vice. (HEREBY
ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 04/23/2025)
04/23/2025 55 ORDER granting 45 Motion for Kalikoonalani D. Fernande to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
04/23/2025)
04/23/2025 56 ORDER granting 46 Motion for David D. Day to Appear Pro Hac Vice. (HEREBY
ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 04/23/2025)
04/23/2025 57 ORDER granting 47 Motion for Alan John Dunklow to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
04/23/2025)
04/23/2025 58 ORDER granting 48 Motion for Elliott Lawrence Schoen to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
04/23/2025)
04/23/2025 59 ORDER granting 49 Motion for Keith Michael Jamieson to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
04/23/2025)
04/23/2025 60 ORDER granting 50 Motion for Sara Dena Van Loh to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
04/23/2025)
04/23/2025 61 ORDER granting 52 Motion for BreAnna Listermann to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
04/23/2025)
04/24/2025 62 NOTICE OF APPEARANCE by BreAnna J Listermann on behalf of People of the
State of Michigan..(Listermann, BreAnna) (Entered: 04/24/2025)
04/24/2025 63 MEMORANDUM OF LAW in Opposition re: 10 MOTION for Preliminary Injunction
. . Document filed by Linda McMahon, United States Department of
Education..(Kumar, Dana) (Entered: 04/24/2025)
04/25/2025 64 MOTION for Lauren Ashley Watford to Appear Pro Hac Vice . Filing fee $ 200.00,
receipt number ANYSDC−30990102. Motion and supporting papers to be reviewed
by Clerk's Office staff. Document filed by State of Arizona. Return Date set for
4/25/2025 at 03:18 PM. (Attachments: # 1 Affidavit Affidavit ISO Motion to Appear
as Pro Hac Vice, # 2 Proposed Order Order for Admission Pro Hac Vice).(Watford,
Lauren) (Entered: 04/25/2025)
04/28/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 64 MOTION for Lauren Ashley Watford to Appear Pro Hac Vice . Filing fee
$ 200.00, receipt number ANYSDC−30990102. Motion and supporting papers to
be reviewed by Clerk's Office staff.. The document has been reviewed and there
are no deficiencies. (bc) (Entered: 04/28/2025)
04/28/2025 65 ORDER granting 64 Motion for Lauren A. Watford to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
04/28/2025)
04/28/2025 66 MOTION for Alexa G. Salas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt
number ANYSDC−30997164. Motion and supporting papers to be reviewed by
Clerk's Office staff. Document filed by State of Arizona. (Attachments: # 1 Affidavit
Affidavit iso Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order Proposed
Order).(Salas, Alexa) (Entered: 04/28/2025)
04/29/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 66 MOTION for Alexa G. Salas to Appear Pro Hac Vice . Filing fee $ 200.00,
(14 of 19), Page 14 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 14 of 19
receipt number ANYSDC−30997164. Motion and supporting papers to be
reviewed by Clerk's Office staff.. The document has been reviewed and there are
no deficiencies. (bc) (Entered: 04/29/2025)
04/29/2025 67 REPLY MEMORANDUM OF LAW in Support re: 10 MOTION for Preliminary
Injunction . . Document filed by State of New York..(Thompson, Stephen) (Entered:
04/29/2025)
04/29/2025 68 DECLARATION of Alison Perkins−Cohen in Support re: 10 MOTION for
Preliminary Injunction .. Document filed by State of New York..(Thompson, Stephen)
(Entered: 04/29/2025)
04/29/2025 69 DECLARATION of Natasha Middleton in Support re: 10 MOTION for Preliminary
Injunction .. Document filed by State of New York..(Thompson, Stephen) (Entered:
04/29/2025)
04/30/2025 70 MOTION for Cara Hendrickson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt
number ANYSDC−31010243. Motion and supporting papers to be reviewed by
Clerk's Office staff. Document filed by State of Illinois. (Attachments: # 1 Affidavit
in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good
Standing, # 3 Proposed Order for Admission Pro Hac Vice).(Hendrickson, Cara)
(Entered: 04/30/2025)
04/30/2025 71 MOTION for Elena S. Meth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt
number ANYSDC−31010304. Motion and supporting papers to be reviewed by
Clerk's Office staff. Document filed by State of Illinois. (Attachments: # 1 Affidavit
in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificate of Good
Standing, # 3 Proposed Order for Admission Pro Hac Vice).(Meth, Elena) (Entered:
04/30/2025)
04/30/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 70 MOTION for Cara Hendrickson to Appear Pro Hac Vice . Filing fee $
200.00, receipt number ANYSDC−31010243. Motion and supporting papers to be
reviewed by Clerk's Office staff.. The document has been reviewed and there are
no deficiencies. (rju) (Entered: 04/30/2025)
04/30/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 71 MOTION for Elena S. Meth to Appear Pro Hac Vice . Filing fee $ 200.00,
receipt number ANYSDC−31010304. Motion and supporting papers to be
reviewed by Clerk's Office staff.. The document has been reviewed and there are
no deficiencies. (rju) (Entered: 04/30/2025)
04/30/2025 72 MOTION for Elizabeth Catherine Kramer to Appear Pro Hac Vice . Filing fee $
200.00, receipt number ANYSDC−31010759. Motion and supporting papers to be
reviewed by Clerk's Office staff. Document filed by State of Minnesota.
(Attachments: # 1 Affidavit ISO motion for pro hac vice, # 2 Exhibit Cert. of Good
Standing, # 3 Proposed Order on Motion for pro hac vice).(Kramer, Elizabeth)
(Entered: 04/30/2025)
04/30/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 72 MOTION for Elizabeth Catherine Kramer to Appear Pro Hac Vice .
Filing fee $ 200.00, receipt number ANYSDC−31010759. Motion and supporting
papers to be reviewed by Clerk's Office staff.. The document has been reviewed
and there are no deficiencies. (rju) (Entered: 04/30/2025)
05/01/2025 73 ORDER granting 66 Motion for Alexa G. Salas to Appear Pro Hac Vice. (HEREBY
ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 05/01/2025)
05/01/2025 74 ORDER granting 70 Motion for Cara Hendrickson to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
05/01/2025)
05/01/2025 75 ORDER granting 71 Motion for Elena S. Meth to Appear Pro Hac Vice. (HEREBY
ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 05/01/2025)
05/01/2025 76 ORDER granting 72 Motion for Elizabeth Catherine Kramer to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
05/01/2025)
(15 of 19), Page 15 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 15 of 19
05/06/2025 77 PRELIMINARY INJUNCTION ORDER: ORDERED that, sufficient reason having
been shown therefor: 1. The Defendants are preliminary enjoined from enforcing or
implementing as against Plaintiffs during the pendency of this litigation or until further
order of the Court the directives in the March 28, 2025 letter from Education Secretary
Linda McMahon to State Education Chiefs, Doc. 1−1 ("Letter"), which (a) rescinded
the prior approvals granted by the U.S. Department of Education ("ED") extending the
periods of time for Plaintiffs to liquidate their obligations under the Education
Stabilization Fund, as that term is defined in the Letter ("ESF"), and (b) modified
Plaintiffs' periods to liquidate their obligations under the ESF to expire as of 5:00pm
ET on March 28, 2025. 2. The Defendants are preliminarily enjoined from modifying
ED's previously−approved periods for Plaintiffs to liquidate their obligations under the
ESF without providing notice to Plaintiffs at least fourteen (14) days prior to the
effective date of such modification. 3. The Defendants must provide written notice of
this Order to all personnel within ED. The written notice shall instruct all personnel
that they must comply with the provisions of this Order. Defendants must file a status
report within three (3) days of this Order evidencing that all personnel within ED have
received this notice. (Signed by Judge Edgardo Ramos on 5/6/2025) (jca) (Entered:
05/06/2025)
05/06/2025 78 LETTER addressed to Judge Edgardo Ramos from Stephen C. Thompson dated May
6, 2025 re: Providing letter from U.S. Dep't of Education to AZ Dep't of Education.
Document filed by State of New York. (Attachments: # 1 Exhibit 2025.05.02 letter
from ED to AZ).(Thompson, Stephen) (Entered: 05/06/2025)
05/06/2025 79 MOTION for Maureen Chinyere Onyeagbako to Appear Pro Hac Vice . Filing fee $
200.00, receipt number ANYSDC−31041528. Motion and supporting papers to be
reviewed by Clerk's Office staff. Document filed by State of California.
(Attachments: # 1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac
Vice, # 2 Proposed Order Proposed Order).(Onyeagbako, Maureen) (Entered:
05/06/2025)
05/06/2025 80 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION for Andrew
Mendrala to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number
ANYSDC−31041847. Motion and supporting papers to be reviewed by Clerk's
Office staff. Document filed by District of Columbia. (Attachments: # 1 Affidavit in
Support of Motion for Pro Hac Vice admission, # 2 Exhibit DC Certificate of Good
Standing, # 3 Exhibit VA Certificate of Good Standing, # 4 Proposed Order on Motion
for Pro Hac Vice admission).(Mendrala, Andrew) Modified on 5/7/2025 (rju).
(Entered: 05/06/2025)
05/06/2025 Minute Entry for proceedings held before Judge Edgardo Ramos: Show Cause Hearing
held on 5/6/2025. Counsel for State of New York, present. Counsel for U.S.
Department of Education, present. For the reasons stated on the record, Plaintiffs'
application for preliminary injunction is granted. The government's application to stay
the injunction pending appeal is denied. (jar) (Entered: 06/04/2025)
05/07/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 79 MOTION for Maureen Chinyere Onyeagbako to Appear Pro Hac Vice .
Filing fee $ 200.00, receipt number ANYSDC−31041528. Motion and supporting
papers to be reviewed by Clerk's Office staff.. The document has been reviewed
and there are no deficiencies. (rju) (Entered: 05/07/2025)
05/07/2025 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC
VICE. Notice to RE−FILE Document No. 80 MOTION for Andrew Mendrala to
Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC−31041847.
Motion and supporting papers to be reviewed by Clerk's Office staff... The filing
is deficient for the following reason(s): missing Certificate of Good Standing from
Supreme Court of Virginia;. Re−file the motion as a Motion to Appear Pro Hac
Vice − attach the correct signed PDF − select the correct named filer/filers −
attach valid Certificates of Good Standing issued within the past 30 days − attach
Proposed Order.. (rju) (Entered: 05/07/2025)
05/08/2025 81 ORDER granting 79 Motion for Maureen Chinyere Onyeagbako to Appear Pro Hac
Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
(Entered: 05/08/2025)
(16 of 19), Page 16 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 16 of 19
05/09/2025 82 STATUS REPORT. submitted in accordance with paragraph 3 of the Court's
preliminary injunction order Document filed by Linda McMahon, United States
Department of Education..(Connolly, Christopher) (Entered: 05/09/2025)
05/14/2025 83 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document
filed by State of New York..(Thompson, Stephen) Proposed Order to Show Cause to
be reviewed by Clerk's Office staff. (Entered: 05/14/2025)
05/14/2025 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW
CAUSE WITH EMERGENCY RELIEF. Document No. 83 Proposed Order to
Show Cause With Emergency Relief was reviewed and approved as to form. (km)
(Entered: 05/14/2025)
05/14/2025 84 AFFIRMATION of Stephen C. Thompson in Support re: 83 Proposed Order to Show
Cause With Emergency Relief. Document filed by State of New York. (Attachments: #
1 Exhibit A − May 11 Rescission Letter, # 2 Exhibit B − May 6 Hearing
Transcript).(Thompson, Stephen) (Entered: 05/14/2025)
05/14/2025 85 MEMORANDUM OF LAW in Support re: 83 Proposed Order to Show Cause With
Emergency Relief . Document filed by State of New York..(Thompson, Stephen)
(Entered: 05/14/2025)
05/14/2025 86 FILING ERROR − DEFICIENT DOCKET ENTRY (SEE 89 Declaration) −
DECLARATION of Christina Coughlin in Support re: 83 Proposed Order to Show
Cause With Emergency Relief. Document filed by State of New York. (Thompson,
Stephen) Modified on 5/15/2025 (db). As per ECF−ERROR Email Correspondence
Received on 5/15/2025 @ 4:27pm. (Entered: 05/14/2025)
05/14/2025 87 PROPOSED ORDER. Document filed by State of New York. Related Document
Number: 83 ..(Thompson, Stephen) Proposed Order to be reviewed by Clerk's
Office staff. (Entered: 05/14/2025)
05/15/2025 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 87
Proposed Order was reviewed and approved as to form. (km) (Entered:
05/15/2025)
05/15/2025 88 LETTER addressed to Judge Edgardo Ramos from Dana Walsh Kumar dated May 15,
2025 re: Response to Plaintiffs' Application for Emergency Ex Parte Relief. Document
filed by Linda McMahon, United States Department of Education..(Kumar, Dana)
(Entered: 05/15/2025)
05/15/2025 89 DECLARATION of Christina Coughlin in Support re: 83 Proposed Order to Show
Cause With Emergency Relief. Document filed by State of New York. (Attachments: #
1 Exhibit A − May 13 email re liquidation requests).(Thompson, Stephen) (Entered:
05/15/2025)
05/16/2025 90 ORDER: A scheduling conference will be held on May 20, 2025, at 2:00 p.m., in
Courtroom 619 at the Thurgood Marshall United States Courthouse, 40 Foley Square,
New York, New York, 10007. It is SO ORDERED. (Status Conference set for
5/20/2025 at 02:00 PM in Courtroom 619, 40 Centre Street, New York, NY 10007
before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/16/2025) (jca)
(Entered: 05/16/2025)
05/16/2025 91 TRANSCRIPT of Proceedings re: ARGUMENT held on 5/6/2025 before Judge
Edgardo Ramos. Court Reporter/Transcriber: Khristine Sellin, (212) 805−0300.
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 6/6/2025.
Redacted Transcript Deadline set for 6/16/2025. Release of Transcript Restriction set
for 8/14/2025..(McGuirk, Kelly) (Entered: 05/16/2025)
05/16/2025 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an
official transcript of a ARGUMENT proceeding held on 5/6/2025 has been filed by the
court reporter/transcriber in the above−captioned matter. The parties have seven (7)
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 may be made remotely
electronically available to the public without redaction after 90 calendar
days....(McGuirk, Kelly) (Entered: 05/16/2025)
(17 of 19), Page 17 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 17 of 19
05/19/2025 93 SECOND MOTION for Andrew Mendrala to Appear Pro Hac Vice with corrected
Exhibits. Motion and supporting papers to be reviewed by Clerk's Office staff.
Document filed by District of Columbia. (Attachments: # 1 Affidavit of Andrew
Mendrala in Support of Motion to Appear Pro Hac Vice, # 2 Exhibit Certificate of
Good Standing DC, # 3 Exhibit Certificate of Good Standing VA, # 4 Proposed Order
for the Pro Hac Vice Admission of Andrew Mendrala).(Mendrala, Andrew) (Entered:
05/19/2025)
05/19/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 93 SECOND MOTION for Andrew Mendrala to Appear Pro Hac Vice with
corrected Exhibits. Motion and supporting papers to be reviewed by Clerk's
Office staff.. The document has been reviewed and there are no deficiencies. (bc)
(Entered: 05/19/2025)
05/20/2025 94 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document
filed by State of New York..(Thompson, Stephen) Proposed Order to Show Cause to
be reviewed by Clerk's Office staff. (Entered: 05/20/2025)
05/20/2025 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW
CAUSE WITH EMERGENCY RELIEF. Document No. 94 Proposed Order to
Show Cause With Emergency Relief was reviewed and approved as to form. (tp)
(Entered: 05/20/2025)
05/20/2025 95 ORDER TO SHOW CAUSE ON REQUEST FOR TEMPORARY RESTRAINING
ORDER AND PRELIMINARY INJUNCTION UNDER FEDERAL RULE OF CIVIL
PROCEDURE 65: It is: ORDERED, that the above−named Defendants show cause
before the Honorable Edgardo Ramos, United States District Judge, Room 619, United
States Courthouse, 40 Foley Square, New York, New York, on June 3, 2025, at
2:30PM ET thereof, or as soon thereafter as counsel may be heard, why an order
should not be issued pursuant to Rule 65(a) of the Federal Rules of Civil Procedure (1)
preliminarily enjoining the Defendants during the pendency of this action from
enforcing or implementing as against Plaintiffs the directives in the May 11, 2025
"Dear Colleague" letter from Hayley B. Sanon ("May 11 Rescission Letter"); (2)
directing Defendants to process pending and future payment requests for education
stabilization ("ES") funds submitted within Plaintiffs' liquidation periods without
delay; and (3) directing Defendants to file a status report with the Court within one
week listing for each Plaintiff all outstanding payment requests for ES funding,
including the amounts, the dates the requests were submitted, and the anticipated dates
they will be processed; and it is further ORDERED that, good cause having been
shown for the issuance of a temporary restraining order under Rule 65(b) of the
Federal Rules of Civil Procedure, Defendants are enjoined from enforcing or
implementing as against Plaintiffs the directives in the May 11 Rescission Letter
pending the Court's decision on Plaintiffs' motion for a preliminary injunction; and it is
further ORDERED that Plaintiffs are not required to post security; and it is further
ORDERED that service of a copy of this order by ECF on counsel for Defendants shall
be deemed good and sufficient service thereof; and it is further ORDERED that
Defendants shall file their opposition papers on or before May 29, 2025; and it is
further ORDERED that Plaintiffs shall file their reply papers on or before June 2,
2025. By the Court. ( Show Cause Hearing set for 6/3/2025 at 02:30 PM in Courtroom
619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos.), ( Replies
due by 6/2/2025., Responses due by 5/29/2025) (Signed by Judge Edgardo Ramos on
5/20/25) (yv) (Entered: 05/21/2025)
05/20/2025 Minute Entry for proceedings held before Judge Edgardo Ramos: Scheduling
Conference held on 5/20/2025. Counsel for State of New York, present. Counsel for
U.S. Department of Education, present. Order to show cause for preliminary injunction
with temporary restraining order will issue. Show cause hearing scheduled for June 3,
2025, at 2:30 p.m. Defendants' opposition due May 29, 2025 and Plaintiffs' reply due
June 2, 2025. (jar) (Entered: 06/04/2025)
05/21/2025 96 NOTICE OF APPEARANCE by Anjana Samant on behalf of State of New
Mexico..(Samant, Anjana) (Entered: 05/21/2025)
05/23/2025 97 MOTION for Jose Pablo Galan de la Cruz to Appear Pro Hac Vice . Motion and
supporting papers to be reviewed by Clerk's Office staff. Document filed by State
of California. (Attachments: # 1 Affidavit Affidavit in Support of Motion to Admit
Counsel Pro Hac Vice, # 2 Exhibit Certificate of the Clerk of the Supreme Court, # 3
(18 of 19), Page 18 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 18 of 19
Proposed Order Order for Admission Pro Hac Vice).(Galan DE LA Cruz, Jose)
(Entered: 05/23/2025)
05/27/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 97 MOTION for Jose Pablo Galan de la Cruz to Appear Pro Hac Vice .
Motion and supporting papers to be reviewed by Clerk's Office staff.. The
document has been reviewed and there are no deficiencies. (rju) (Entered:
05/27/2025)
05/27/2025 98 ORDER granting 93 Motion for Andrew Mendrala to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
05/27/2025)
05/28/2025 99 ORDER granting 97 Motion for Jose Pablo Galan de la Cruz to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
05/28/2025)
05/29/2025 100 MEMORANDUM OF LAW in Opposition re: 85 Memorandum of Law in Support, 83
Proposed Order to Show Cause With Emergency Relief . Document filed by Linda
McMahon, United States Department of Education..(Kumar, Dana) (Entered:
05/29/2025)
05/29/2025 101 DECLARATION of Ruth E. Ryder in Opposition re: 83 Proposed Order to Show
Cause With Emergency Relief, 85 Memorandum of Law in Support. Document filed
by Linda McMahon, United States Department of Education. (Attachments: # 1
Exhibit A − Spreadsheet).(Kumar, Dana) (Entered: 05/29/2025)
06/02/2025 102 REPLY MEMORANDUM OF LAW in Support re: 83 Proposed Order to Show Cause
With Emergency Relief . Document filed by State of New York. (Attachments: # 1
Proposed Order Revised Proposed Preliminary Injunction Order).(Thompson, Stephen)
(Entered: 06/02/2025)
06/02/2025 103 REPLY AFFIRMATION of Stephen C. Thompson in Support re: 83 Proposed Order
to Show Cause With Emergency Relief. Document filed by State of New York.
(Attachments: # 1 Exhibit A − CA and ED email chain, # 2 Exhibit B − MN and ED
email chain, # 3 Exhibit C − DC and ED email chain).(Thompson, Stephen) (Entered:
06/02/2025)
06/02/2025 104 MOTION for Cheryl Lynn Feiner to Appear Pro Hac Vice . Filing fee $ 200.00,
receipt number ANYSDC−31172066. Motion and supporting papers to be reviewed
by Clerk's Office staff. Document filed by State of California. (Attachments: # 1
Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, # 2 Proposed Order
Order for Admission Pro Hac Vice).(Feiner, Cheryl) (Entered: 06/02/2025)
06/03/2025 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 104 MOTION for Cheryl Lynn Feiner to Appear Pro Hac Vice . Filing fee $
200.00, receipt number ANYSDC−31172066. Motion and supporting papers to be
reviewed by Clerk's Office staff.. The document has been reviewed and there are
no deficiencies. (bc) (Entered: 06/03/2025)
06/03/2025 105 PROPOSED ORDER. Document filed by State of New York. Related Document
Number: 83 ..(Thompson, Stephen) Proposed Order to be reviewed by Clerk's
Office staff. (Entered: 06/03/2025)
06/03/2025 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No.
105 Proposed Order was reviewed and approved as to form. (tp) (Entered:
06/03/2025)
06/03/2025 Minute Entry for proceedings held before Judge Edgardo Ramos: Show Cause Hearing
held on 6/3/2025. Counsel for State of New York, present. Counsel for U.S.
Department of Education. For the reasons stated on the record, (1) preliminary
injunction will issue, and (2) the government's application to stay the injunction
pending its appeal is denied. The temporary restraining order is extended until
6/4/2025. (jar) (Entered: 06/03/2025)
06/03/2025 106 PRELIMINARY INJUNCTION ORDER: The Defendants are preliminarily enjoined
from enforcing or implementing as against Plaintiffs during the pendency of this
litigation or until further order of the Court the directives in the March 28, 2025 letter
(19 of 19), Page 19 of 19 Case: 25-1424, 06/04/2025, DktEntry: 3.2, Page 19 of 19
from Education Secretary Linda McMahon to State Education Chiefs, Doc. No. 1−1,
which purported to terminate the periods of time for Plaintiffs to liquidate their
obligations under the Education Stabilization Fund, as that term is defined in the
March 28 Letter, and as further set forth in the order. Plaintiffs are ordered to post
security in the amount of $1000.00 within one week from the date of this order.
(Signed by Judge Edgardo Ramos on 6/3/2025) (jar) (Entered: 06/03/2025)
06/04/2025 107 ORDER granting 104 Motion for Cheryl Lynn Feiner to Appear Pro Hac Vice.
(HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered:
06/04/2025)
06/04/2025 108 FILING ERROR − DEFICIENT DOCKET ENTRY − NOTICE OF
INTERLOCUTORY APPEAL from 106 Preliminary Injunction,,. Document filed by
Linda McMahon, United States Department of Education. Form C and Form D are due
within 14 days to the Court of Appeals, Second Circuit..(Kumar, Dana) Modified on
6/4/2025 (nd). (Entered: 06/04/2025)
06/04/2025 ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to
attorney Dana Kumar to RE−FILE Document No. 108 Notice of Interlocutory
Appeal,.. The filing is deficient for the following reason(s): notice of appeal is not
dated. Re−file the appeal using the event type Notice of Interlocutory Appeal
found under the event list Appeal Documents − attach the correct signed PDF −
select the correct named filer/filers − select the correct order/judgment being
appealed. (nd) (Entered: 06/04/2025)
06/04/2025 109 NOTICE OF INTERLOCUTORY APPEAL from 106 Preliminary Injunction,,.
Document filed by Linda McMahon, United States Department of Education. Form C
and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Kumar,
Dana) (Entered: 06/04/2025)
06/04/2025 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of
Appeals re: 109 Notice of Interlocutory Appeal..(nd) (Entered: 06/04/2025)
06/04/2025 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal
Electronic Files for 109 Notice of Interlocutory Appeal filed by Linda McMahon,
United States Department of Education were transmitted to the U.S. Court of
Appeals..(nd) (Entered: 06/04/2025)
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