Home/Source documents/Proposed Order to Show Cause With Emergency Relief, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 83 (May 14, 2025)
Proposed Order to Show Cause With Emergency Relief, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 83 (May 14, 2025)
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Case 1:25-cv-02990-ER Document 83 Filed 05/14/25 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 ON REQUEST FOR
UNITED STATES DEPARTMENT OF TEMPORARY RESTRAINING
EDUCATION, et al., ORDER AND PRELIMINARY
INJUNCTION UNDER FEDERAL
Defendants. RULE OF CIVIL PROCEDURE 65
Upon the annexed affirmation of Stephen C. Thompson, dated May 14, 2025, in support
of Plaintiffs’ motion for immediate injunctive relief pursuant to Rule 65 of the Federal Rules of
Civil Procedure, Plaintiffs’ memorandum of law and accompanying declaration in support of
Plaintiffs’ motion, all papers submitted on Plaintiffs’ April 11, 2025, motion for a preliminary
injunction (ECF Nos. 10–28, 63, 67–69), and Plaintiffs’ complaint, 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 ________________, at ______ 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
Case 1:25-cv-02990-ER Document 83 Filed 05/14/25 Page 2 of 2
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 __, 2025,
together with a certified copy of the administrative record (if any) in connection with the agency
determinations set forth in the May 11 Rescission Letter; and it is further
ORDERED that Plaintiffs shall file their reply papers on or before May __, 2025.
By the Court:
__________________ _______________________
Dated United States District Judge