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Home Source documents USCA Order - Other, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 112 (June 10, 2025)

USCA Order - Other, State of New York et al. v. U.S. Department of Education, No. 1:25-cv-02990 (S.D.N.Y.), Doc. 112 (June 10, 2025)

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                        Case: 25-1424, 06/10/2025, DktEntry: 25.1, Page 1 of 2
                Case 1:25-cv-02990-ER Document 112 Filed 06/10/25 Page 1 of 2
                                                                               1:25-cv-02990-ER



                             UNITED STATES COURT OF APPEALS
                                        FOR THE                                                     Jun 10 2025
                                     SECOND CIRCUIT
              At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the
      Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the
      10th day of June, two thousand twenty-five.

      Before:     Alison J. Nathan,
                         Circuit Judge.
      _______________________________


        State of New York, State of Arizona, State ORDER
        of California, State of Delaware, District
        of Columbia, State of Hawaii, State of     Docket No. 25-1424
        Illinois, State of Maine, State of
        Maryland, Commonwealth of
        Massachusetts, People of the State of
        Michigan, State of Minnesota, State of
        Nevada, State of New Jersey, State of
        New Mexico, State of Oregon, Josh
        Shapiro, in his official capacity as
        Governor of the Commonwealth of
        Pennsylvania,

                      Plaintiffs - Appellees,

         v.

        United States Department of Education,
        Linda McMahon, in her official capacity
        as Secretary of Education,

                      Defendants - Appellants.

      ________________________________

      On Friday night, June 6, 2025, the Government filed an emergency motion seeking an
      administrative stay and a stay pending appeal of the district court’s June 3, 2025 order. That
      order preliminarily enjoined the Government from, inter alia, enforcing or implementing the
      directives in its March 28, 2025 and May 11, 2025 letters and directing related relief. On Sunday
      night, June 8, 2025, plaintiffs filed a letter opposing an administrative stay and asking leave to
      file opposition to the motion on June 12, 2025. The Court understands the emergency nature of
      the relief requested by the Government. Accordingly:




CERTIFIED COPY ISSUED ON 06/10/2025
               Case: 25-1424, 06/10/2025, DktEntry: 25.1, Page 2 of 2
       Case 1:25-cv-02990-ER Document 112 Filed 06/10/25 Page 2 of 2




IT IS HEREBY ORDERED that the motion for a stay pending appeal is REFERRED to the
three-judge motions panel sitting on Tuesday, June 17, 2025. An administrative stay of the
district court’s order is DENIED in light of the expedited schedule set for hearing the merits of
the stay motion. Plaintiffs’ opposition to the motion is due on June 12, 2025 at 5:00 p.m. Any
reply papers by the Government must be filed on June 13, 2025 by 5:00 p.m.


                                                     For the Court:
                                                     Catherine O’Hagan Wolfe,
                                                     Clerk of Court


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