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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)

Full text

        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


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