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Home Source documents Order to Show Cause, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 42 (April 16, 2025)

Order to Show Cause, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 42 (April 16, 2025)

Full text

        Case 1:25-cv-02990-ER           Document 42        Filed 04/16/25       Page 1 of 2




                          UNITED STATES DISTRICT COURT
                     FOR THE SOUTHERN DISTRICT OF NEW YORK


 STATE OF NEW YORK, et al.,

                Plaintiffs,                              Case No. 25-cv-2990 (ER)(BCM)

         v.                                              [Proposed] ORDER TO SHOW
                                                         CAUSE REQUEST FOR
 UNITED STATES DEPARTMENT OF                             PRELIMINARY INJUNCTION
 EDUCATION, et al.,                                      UNDER FEDERAL RULE OF CIVIL
                                                         PROCEDURE 65(a)
                Defendants.



       Upon the memorandum of law and accompanying declarations in support of Plaintiffs’

motion for a preliminary injunction (ECF Nos. 10-28) (“Motion”), and Plaintiffs’ complaint and

accompanying exhibit (ECF No. 1), 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 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 Department’s

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
        Case 1:25-cv-02990-ER           Document 42       Filed 04/16/25    Page 2 of 2




       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 further

       ORDERED that Defendants shall file their opposition papers on the Motion on or before

April 24, 2025; and it is further                     Edgardo Ramos, U.S.D.J.
                                                      Dated:
       ORDERED that Plaintiffs shall file their reply New  York,
                                                     papers on theNew Yorkon or before April
                                                                   Motion

29, 2025.


       It is SO ORDERED.

       Dated: April 15, 2025
              New York, New York
                                                         Edgardo Ramos, U.S.D.J.


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