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Home Source documents Preliminary Injunction, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 77 (May 6, 2025)

Preliminary Injunction, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 77 (May 6, 2025)

Full text

        Case 1:25-cv-02990-ER              Document 77    Filed 05/06/25      Page 1 of 2




                         UNITED STATES DISTRICT COURT
                    FOR THE SOUTHERN DISTRICT OF NEW YORK


 STATE OF NEW YORK, et al.,

                             Plaintiffs,

         v.
                                                      Case No. 1:25-cv-02990 (ER)(BCM)
 U.S. DEPARTMENT OF EDUCATION, et
 al.,

                             Defendants.



                    [PROPOSED] PRELIMINARY INJUNCTON ORDER


        The Court, upon reviewing the parties’ filings, including (i) Plaintiffs’ Complaint, Doc. 1,

(ii) Plaintiffs’ Memorandum of Law in Support of Motion for a Preliminary Injunction, dated

April 11, 2025, Doc. 11; (iii) declarations in support of Plaintiffs’ Motion for a Preliminary

Injunction, Docs. 12–28; (iv) Defendants’ Memorandum of Law in Opposition to Plaintiffs’

Motion for a Preliminary Injunction, Doc. 63; and (v) Plaintiffs’ Reply Memorandum of Law

in Support of Motion for a Preliminary Injunction, Doc. 67, and all other papers and orders

herein; and having heard all counsel, it is hereby ordered as follows:

        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State Education Chiefs, Doc. 1-1 (“Letter”), which (a) rescinded the prior approvals granted by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
                                                 1
        Case 1:25-cv-02990-ER           Document 77         Filed 05/06/25      Page 2 of 2




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
                                                           Edgardo Ramos, with the provisions of
                                                                          U.S.D.J.
                                                            Dated:
this Order. Defendants must file a status report within three (3) York,
                                                            New   days ofNew
                                                                          thisYork
                                                                              Order evidencing that

all personnel within ED have received this notice.




Dated: May 6, 2025
       New York, New York                                    Edgardo Ramos, U.S.D.J.




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