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Home Source documents Letter, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 120 (July 3, 2025)

Letter, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 120 (July 3, 2025)

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        Case 1:25-cv-02990-ER          Document 120 Filed 07/03/25 Page 1 of 2
                                                  U.S. Department of Justice
[Type text]
                                                      United States Attorney
                                                      Southern District of New York

                                                      86 Chambers Street
                                                      New York, New York 10007



                                                      July 3, 2025
By ECF
The Honorable Edgardo Ramos
United States District Judge
Southern District of New York
40 Foley Square
New York, New York 10007

       Re:     State of New York, et al. v. U.S. Department of Education, et al., No. 25 Civ. 2990
               (ER) (BCM)

Dear Judge Ramos:

        This Office represents Defendants Secretary Linda McMahon and the U.S. Department of
Education (the “Department”) in connection with the above-referenced action. We write
respectfully pursuant to this Court’s preliminary injunction order dated June 3, 2025, Dkt. No. 106
(the “Order”). Among other things, the Order requires that the Department, within one month from
the issuance of the Order, file with “the Court a status report listing for each Plaintiff the payment
requests for liquidation of ESF that are then outstanding, including the amount of each request, the
date each request was submitted, and the anticipated date by which each request will be processed.”
See id.

        Accordingly, together with this letter, the Department is filing a declaration that has been
submitted by Ruth E. Ryder, the Deputy Assistant Secretary for Policy and Programs within the
Office of Elementary and Secondary Education at the United States Department of Education (the
“Ryder Declaration”). The Ryder Declaration attaches, as Exhibit A, a Department report that lists
for each Plaintiff, as of 12:00 P.M. E.T. on June 30, 2025, the payment requests for liquidation of
ESF that are outstanding, including the amount of each request, the date each request was
submitted, and the anticipated date by which each request will be processed. In addition, the Ryder
Declaration attaches, as Exhibit B, a Department report that lists, as of 12:00 P.M. E.T. on June
30, 2025, expenditure requests by States to liquidate grant funds of ESF that have been processed
by Department staff subsequent to March 28, 2025.

       We thank the Court for its consideration of this matter.
       Case 1:25-cv-02990-ER       Document 120      Filed 07/03/25       Page 2 of 2

                                                                                    Page 2


                                         Respectfully,

                                         JAY CLAYTON
                                         United States Attorney for the
                                         Southern District of New York

                                   By:    /s/ Charles S. Jacob
                                         CHARLES S. JACOB
                                         DANA WALSH KUMAR
                                         Assistant United States Attorneys
                                         Tel.: (212) 637-2741/2725
                                         Email: dana.walsh.kumar@usdoj.gov
                                                 charles.jacob@usdoj.gov


cc: Plaintiffs’ Counsel (by ECF)


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