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Home Source documents Proposed Order to Show Cause Without Emergency Relief, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 33 (April 14, 2025)

Proposed Order to Show Cause Without Emergency Relief, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 33 (April 14, 2025)

Full text

          Case 1:25-cv-02990-ER          Document 33        Filed 04/14/25       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 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 ________________, at ______ thereof, or as soon thereafter as

counsel may be heard, 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 33     Filed 04/14/25      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 __, 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

         ORDERED that Plaintiffs shall file their reply papers on the Motion on or before April

29, 2025.

                                                                     By the Court:


 __________________                                                 _______________________
 Dated                                                              United States District Judge


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