Case: Brown v. U.S. Department of Education

U.S. Court of Appeals for the Fifth Circuit

Department of Education v. Brown

Supreme Court of the United States

COMPLAINT against Miguel Cardona, U.S. Department of Education filed by Alexander Taylor, Myra Brown. (Filing fee $402; Receipt number ATXNDC-13212434) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Hasson, James) (Entered: 10/10/2022)

1 Cover Sheet

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Modify Hearings/Deadlines

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Myra Brown, Alexander Taylor. (Clerk QC note: No affiliate entered in ECF). (Hasson, James) (Entered: 10/10/2022)

MOTION for Injunction filed by Myra Brown, Alexander Taylor (Attachments: # 1 Proposed Order) (Hasson, James) (Entered: 10/10/2022)

1 Proposed Order

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Brief/Memorandum in Support filed by Myra Brown, Alexander Taylor re 3 MOTION for Injunction (Hasson, James) (Entered: 10/10/2022)

Appendix in Support filed by Myra Brown, Alexander Taylor re 3 MOTION for Injunction (Hasson, James) (Entered: 10/10/2022)

ORDER...The Court hereby ORDERS Plaintiffs to serve process upon Defendants without delay. The Court further ORDERS Plaintiffs to attempt to meet, confer, and file a status report providing a proposed briefing schedule to address Plaintiffs Motion for Injunction. This status report is due no later than October 17, 2022, at 5:00 p.m. (Ordered by Judge Reed C. O'Connor on 10/10/2022) (chmb) Modified to add text on 10/11/2022 (wxc). (Entered: 10/10/2022)

Deadline Modification: Deadline set Status Report due by 10/17/2022 Per Order 6 . (wxc)

New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) (Entered: 10/11/2022)

Summons issued as to Miguel Cardona, U.S. Department of Education, U.S. Attorney, and U.S. Attorney General. (wxc) (Entered: 10/11/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney J. Michael Connolly (Filing fee $100; Receipt number ATXNDC-13216084) filed by Myra Brown, Alexander Taylor (Attachments: # 1 Certificate of Good Standing, # 2 Exhibit(s) Court Admissions, # 3 Proposed Order) (Begakis, Steven) (Entered: 10/11/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Matthew Pociask (Filing fee $100; Receipt number ATXNDC-13216274) filed by Myra Brown, Alexander Taylor (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Begakis, Steven) (Entered: 10/11/2022)

Court Request for Recusal: Judge Reed C. O'Connor recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Mark Pittman for all further proceedings. Future filings should indicate the case number as: 4:22-cv-00908-P. (bcr) (Entered: 10/12/2022)

New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bcr) (Entered: 10/12/2022)

NOTICE of Attorney Appearance by Robert Charles Merritt on behalf of Miguel Cardona, U.S. Department of Education. (Filer confirms contact info in ECF is current.) (Merritt, Robert) (Entered: 10/12/2022)

NOTICE of Attorney Appearance by Kate Talmor-DOJ on behalf of Miguel Cardona, U.S. Department of Education. (Filer confirms contact info in ECF is current.) (Talmor-DOJ, Kate) (Entered: 10/14/2022)

SUMMONS Returned Executed as to All Defendants. Miguel Cardona served on 10/12/22; ASUA on 10/13/22; USAG on 10/13/22. U.S. Department of Education served on 10/12/22; AUSA on 10/13/22; USAG served on 10/13/22 (Begakis, Steven) Modified on 10/17/2022 (mmw). (Entered: 10/14/2022)

Joint STATUS REPORT filed by Myra Brown, Alexander Taylor. (Begakis, Steven) (Entered: 10/14/2022)

ELECTRONIC ORDER granting 9 Application for Admission Pro Hac Vice of J. Michael Connolly. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 10/17/2022) (chmb)(tjp) (Entered: 10/17/2022)

ELECTRONIC ORDER granting 10 Application for Admission Pro Hac Vice of Matthew Pociask. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 10/17/2022) (chmb)(tjp) (Entered: 10/17/2022)

ORDER...the Court ORDERS that Defendants Opposition to Plaintiffs Motion for Preliminary Injunction shall be filed on or before October 19, 2022, and Plaintiffs Reply to Defendants Opposition shall be filed on or before October 20, 2022. (Ordered by Judge Mark Pittman on 10/17/2022) (wxc) (Entered: 10/17/2022)

Order on Application for Admission Pro Hac Vice

ORDER: Before the Court is Plaintiffs' Motion for Preliminary Injunction (ECF No. 3 ). The Court ORDERS that a hearing on Plaintiffs' Motion for Preliminary Injunction will be held at 9:00 a.m. on Tuesday, October 25, 2022, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. Counsel for all parties are ORDERED to attend. (Ordered by Judge Mark Pittman on 10/18/2022) (sre) (Entered: 10/18/2022)

Order Receipt

***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Tue Oct 18 10:46:20 CDT 2022 (crt)

MOTION Enlargement of Pages filed by Miguel Cardona, U.S. Department of Education (Talmor-DOJ, Kate) (Entered: 10/18/2022)

NOTICE of Attorney Appearance by Cody Taylor Knapp on behalf of Miguel Cardona, U.S. Department of Education. (Filer confirms contact info in ECF is current.) (Knapp, Cody) (Entered: 10/18/2022)

ORDER granting 21 ...Before the Court is Defendants Motion for Enlargement of Pages to respond to Plaintiffs Motion for Preliminary Injunction (Motion). ECF No. 21 . Having considered the Motion and docket entries, the Court GRANTS the Motion. (Ordered by Judge Mark Pittman on 10/19/2022) (wxc) (Entered: 10/19/2022)

Opposition to Plaintiffs' 3 Motion for Preliminary Injunction and Motion to Dismiss/// Brief/Memorandum in Support filed by Miguel Cardona, U.S. Department of Education re 3 MOTION for Injunction and Combined Memorandum in Support of Motion to Dismiss (Attachments: # 1 Exhibit(s)) (Talmor-DOJ, Kate) Modified title per PDF on 10/20/2022 (mmw). (Entered: 10/19/2022)

1 Exhibit(s)

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MOTION to Dismiss for Lack of Jurisdiction filed by Miguel Cardona, U.S. Department of Education (Talmor-DOJ, Kate) (Entered: 10/19/2022)

REPLY filed by Myra Brown, Alexander Taylor re: 3 MOTION for Injunction, 25 MOTION to Dismiss for Lack of Jurisdiction (Connolly, John) (Entered: 10/20/2022)

NOTICE of Attorney Appearance by Brian David Netter on behalf of Miguel Cardona, U.S. Department of Education. (Filer confirms contact info in ECF is current.) (Netter, Brian) (Entered: 10/21/2022)

NOTICE of filed by Myra Brown, Alexander Taylor (Connolly, John) (Entered: 10/21/2022)

NOTICE of Attorney Appearance by Samuel Rebo-DOJ on behalf of Miguel Cardona, U.S. Department of Education. (Filer confirms contact info in ECF is current.) (Rebo-DOJ, Samuel) (Entered: 10/24/2022)

ORDER: On October 18, 2022, the Court set a hearing on Plaintiffs' Motion for Preliminary Injunction for 9:00 a.m. on Tuesday, October 25, 2022, in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. The Court hereby instructs that each side will be allotted no more than two and a half hours to argue at the hearing. (Ordered by Judge Mark Pittman on 10/24/2022) (sre) (Entered: 10/24/2022)

ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Motion Hearing held on 10/25/2022 re 3 Motion for Injunction filed by Alexander Taylor, Myra Brown. Attorney Appearances: Plaintiff - Michael Connolly, Matt Pociask, Steven Begakis; Defense - Brian Netter, Kate Talmor, Samuel Rebo. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - 2:30. (chmb) (Entered: 10/28/2022)

Notice of Filing of Official Electronic Transcript of Temporary Injunction Proceedings held on October 25, 2022 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (100 pages) Redaction Request due 11/21/2022. Redacted Transcript Deadline set for 12/1/2022. Release of Transcript Restriction set for 1/30/2023. (mwg) (Main Document 32 replaced on 11/9/2022) (bdb). (Entered: 10/31/2022)

ORDER...Having held a hearing on Plaintiffs Motion for Preliminary Injunction and reviewed the related briefing, the Court intends to consolidate as it appears that the Parties have presented their case and no evidence of significance would be forthcoming at trial. The Court ORDERS the Parties to file written objections to the Court advancing Plaintiffs Motion for Preliminary Injunction to a determination on the merits by November 4, 2022. (Ordered by Judge Mark Pittman on 11/2/2022) (wxc) (Entered: 11/02/2022)

RESPONSE filed by Myra Brown, Alexander Taylor re: 33 Order Setting Deadline/Hearing, (Connolly, John) (Entered: 11/04/2022)

OBJECTION filed by Miguel Cardona, U.S. Department of Education re: 33 Order Setting Deadline/Hearing, (Talmor-DOJ, Kate) (Entered: 11/04/2022)

NOTICE of Denial of Motion by Supreme Court in Related Case filed by Miguel Cardona, U.S. Department of Education (Attachments: # 1 Exhibit(s) Supreme Court Docket) (Talmor-DOJ, Kate) (Entered: 11/08/2022)

1 Exhibit(s) Supreme Court Docket

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ORDER granting 3 Motion for Injunction; denying 25 Motion to Dismiss for Lack of Jurisdiction. (Ordered by Judge Mark Pittman on 11/10/2022) (chmb) Modified on 11/14/2022 per DJ chambers (bdb). (Main Document 37 replaced on 11/14/2022) (bdb). (Entered: 11/10/2022)

Terminated Case

Final Judgment (Ordered by Judge Mark Pittman on 11/10/2022) (chmb) (Entered: 11/10/2022)

Civil Case Terminated per chambers. (bcr)

NOTICE OF APPEAL as to 37 Order on Motion for Injunction, Order on Motion to Dismiss/Lack of Jurisdiction, 38 Order to the Fifth Circuit by Miguel Cardona, U.S. Department of Education. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Knapp, Cody) (Entered: 11/10/2022)

Emergency MOTION to Stay re 37 Order on Motion for Injunction, Order on Motion to Dismiss/Lack of Jurisdiction, 38 Order, 39 Notice of Appeal,,,, filed by Miguel Cardona, U.S. Department of Education (Attachments: # 1 Proposed Order) (Knapp, Cody) (Entered: 11/15/2022)

1 Proposed Order

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Brief/Memorandum in Support filed by Miguel Cardona, U.S. Department of Education re 40 Emergency MOTION to Stay re 37 Order on Motion for Injunction, Order on Motion to Dismiss/Lack of Jurisdiction, 38 Order, 39 Notice of Appeal,,,, (Knapp, Cody) (Entered: 11/15/2022)

Appendix in Support filed by Miguel Cardona, U.S. Department of Education re 40 Emergency MOTION to Stay re 37 Order on Motion for Injunction, Order on Motion to Dismiss/Lack of Jurisdiction, 38 Order, 39 Notice of Appeal,,,, Second Declaration of Under Secretary James Richard Kvaal (Knapp, Cody) (Entered: 11/15/2022)

USCA Case Number 22-11115 in United States Court of Appeals 5th Circuit for 39 Notice of Appeal, filed by U.S. Department of Education, Miguel Cardona. (tle) (Entered: 11/17/2022)

Record on Appeal for USCA5 22-11115 (related to 39 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle)

APPEARANCE FORM FILED at USCA5 by Attorney(s) Matt Pociask for party(s) Appellee Myra Brown Appellee Alexander Taylor, in case 22-11115. Access to the EROA has been granted. (tle)

APPEARANCE FORM FILED at USCA5 by Attorney John Michael Connolly for Appellee Alexander Taylor in 22-11115, Attorney John Michael Connolly for Appellee Myra Brown in 22-11115. Access to the EROA has been granted. (tle)

APPEARANCE FORM FILED at USCA5 by Attorney(s) Steven Christopher Begakis for party(s) Appellee Myra Brown Appellee Alexander Taylor, in case 22-11115. Access to the EROA has been granted. (tle)

ORDER of USCA 22-11115 as to 39 Notice of Appeal, filed by U.S. Department of Education, Miguel Cardona. IT IS ORDERED that the unopposed motion of Americans for Prosperity Foundation to file a brief as amicus curiae is GRANTED. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 11/29/2022)

APPEARANCE FORM FILED at USCA5 by Attorney Michael David Pepson for Amicus Curiae Americans for Prosperity Foundation in 22-11115. Access to the EROA has been granted. (tle)

ORDER of USCA No. 22-11115 as to 39 Notice of Appeal, filed by U.S. Department of Education, Miguel Cardona. IT IS ORDERED that appellants opposed motion for stay pending appeal is DENIED. IT IS FURTHER ORDERED that this matter is expedited to the next available randomly designated regular oral argument panel. The Clerk is directed to issue a schedule for expedited briefing thereafter. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 12/01/2022)

NOTICE of FIFTH CIRCUIT'S DECISION DENYING DEFENDANTS' MOTION TO STAY JUDGMENT filed by Myra Brown, Alexander Taylor (Attachments: # 1 Exhibit(s) A) (Connolly, John) (Entered: 12/01/2022)

APPEARANCE FORM FILED at USCA5 by Attorney Theodore H. Frank for Amicus Curiae Hamilton Lincoln Law Institute in 22-11115. Access to the EROA has been granted. (tle)

APPEARANCE FORM FILED at USCA5 by Attorney Melissa A. Holyoak for Amicus Curiae State of Wyoming in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of West Virginia in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Texas in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of South Carolina in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Oklahoma in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of North Dakota in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of New Hampshire in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Nebraska in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Montana in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Mississippi in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Louisiana in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Kansas in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Iowa in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Indiana in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Georgia in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Florida in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Arkansas in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Arizona in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Alaska in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Alabama in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Ohio in 22-11115, Attorney Melissa A. Holyoak for Amicus Curiae State of Utah in 22-11115. Access to the EROA has been granted. (tle)

APPEARANCE FORM FILED at USCA5 by Attorney(s) James Hasson for party(s) Appellee Myra Brown Appellee Alexander Taylor, in case 22-11115. Access to the EROA has been granted. (tle)

ORDER of USCA No. 22-11115 as to 39 Notice of Appeal, filed by U.S. Department of Education, Miguel Cardona. In light of the grant of certiorari in Nebraska v. Biden, 52 F.4th 1044 (8th Cir. 2022), cert. granted, No. 22-506, 2022 WL 17348754 (Dec. 1, 2022), this appeal is HELD IN ABEYANCE pending further order of this court. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 12/05/2022)

RESPONSE filed by Myra Brown, Alexander Taylor re: 40 Emergency MOTION to Stay re 37 Order on Motion for Injunction, Order on Motion to Dismiss/Lack of Jurisdiction, 38 Order, 39 Notice of Appeal,,,, (Connolly, John) (Entered: 12/06/2022)

SUPREME COURT ORDER No. 22-535 (22A489) CERTIORARI GRANTED. Enclosed is a copy of the Supreme Court order granting certiorari. Consideration of the application for a stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The application for a stay is also treated as a petition for a writ of certiorari before judgment, and the petition is granted. The parties are directed to brief and argue the following questions: (1) Whether respondence have Article III standing; and (2) Whether the Department's plan is statutorily authorized and was adopted in a procedurally proper manner. The Clerk is directed to establish a briefing schedule that will allow the case to be argued in the February 2023 argument session. [22-11115] (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 12/19/2022)

Received letter from United States Court of Appeals 5th Circuit No. 22-11115. Pursuant to your recent request, I write to advise the appellate court record can be accessed on PACER through the courts website (www.ca5.uscourts.gov). By copy of this letter, the Clerk of the United States District Court for the Northern District of Texas is directed to transmit their record to the United States Supreme Court. (tle) (Entered: 12/28/2022)

The Clerk of the United States District Court for the Northern District of Texas transmitted the electronic appeal record to the United States Supreme Court No. 22-535 - 22A489 per 50 United States Court of Appeals 5th Circuit Order.[22-11115] (tle) (Entered: 12/28/2022)

ORDER: Before the Court is Defendants' Emergency Motion to Stay Judgment Pending Appeal ("Motion"). ECF No. 40 . The Fifth Circuit denied an identical request for a stay pending appeal, and the Supreme Court did not overrule that judgment. See Dkt. No. 75 -1, Brown v. Dept of Educ., No. 22-1115 (5th Cir. Nov. 30, 2022) (per curiam), cert. granted, 143 S. Ct. 541 (U.S. Dec. 12, 2022) (Mem.). This Court has no power or authority to deviate from these conclusions See Briggs v. Pa. R. Co., 334 U.S. 304, 306. Thus, the Motion is DENIED. (Ordered by Judge Mark Pittman on 2/6/2023) (sre) (Entered: 02/06/2023)

ORDER of USCA 22-11115 as to 39 Notice of Appeal, filed by U.S. Department of Education, Miguel Cardona. ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES. The case is DISMISSED in light of the Supreme Courts decision in Department of Education v. Brown, 143 S. Ct. 2343 (2023). (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 08/15/2023)