Home/Source documents/Proposed Order, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 105 (June 3, 2025)
Proposed Order, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 105 (June 3, 2025)
Full text
Case 1:25-cv-02990-ER Document 105 Filed 06/03/25 Page 1 of 3
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. No.
1), (ii) Plaintiffs’ Memorandum of Law in Support of Motion for Immediate Injunctive Relief,
dated May 14, 2025 (Doc. Nos. 84–85); (iii) the declaration in support of Plaintiffs’ motion (Doc.
No. 89); (iv) Defendants’ Memorandum of Law in Opposition to Plaintiffs’ Motion for Immediate
Injunctive Relief (Doc. No. 100); (v) Plaintiffs’ Reply Memorandum of Law in Further Support of
Motion for Immediate Injunctive Relief (Doc. No. 102); all papers submitted on Plaintiffs’ April
11, 2025, motion for a preliminary injunction (Doc. Nos. 10–28, 63, 67–69); 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 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 from Education Secretary Linda McMahon to State
Education Chiefs, Doc. No. 1-1 (“March 28 Letter”), which purported to terminate the periods of
1
Case 1:25-cv-02990-ER Document 105 Filed 06/03/25 Page 2 of 3
time for Plaintiffs to liquidate their obligations under the Education Stabilization Fund (“ESF”),
as that term is defined in the March 28 Letter, as of 5:00pm ET on March 28, 2025.
2. 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 May 11, 2025, “Dear Colleague” letter from Hayley B. Sanon, Doc. No. 84-1
(“May 11 Letter”), which purported to terminate the periods of time for Plaintiffs to liquidate their
obligations under the ESF, as that term is defined in the May 11 Letter, as of May 24, 2025.
3. Defendants are preliminarily enjoined from attempting to modify ED’s previously
approved periods for Plaintiffs to liquidate their obligations under the ESF without providing
notice to Plaintiffs at least thirty (30) days prior to the effective date of such modification in order
to provide Plaintiffs sufficient time to review the bases for the attempted modification and seek
appropriate relief, as necessary, from the Court.
4. The Defendants are hereby directed to process Plaintiffs’ outstanding and future
requests for liquidation of ESF without delay, and within one month from the issuance of this
Order shall 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.
5. The Defendants must provide written notice of this Order to all personnel within
the U.S. Department of Education. The written notice shall instruct all personnel that they must
comply with the provisions of this Order. Defendants shall confirm in the status report filed in
accordance with paragraph 2 of this Order that all personnel within the U.S. Department of
Education have received this notice.
2
Case 1:25-cv-02990-ER Document 105 Filed 06/03/25 Page 3 of 3
6. In accordance with Fed. R. Civ. P. 65(c), Plaintiffs are ordered to post security in
the amount of One Thousand Dollars ($1,000.00) within one week from the date of this order.
By the Court:
____________________ _______________________
Dated United States District Judge
3