Case: State of Nebraska v. Biden

4:22-cv-01040 | U.S. District Court for the Eastern District of Missouri

Filed Date: Sept. 29, 2022

Closed Date: Aug. 16, 2023

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Case Summary

This case involves one of many challenges to President Biden's executive action to cancel specified amounts of federal student debt. On September 29, 2022, the states of South Carolina, Arkansas, Missouri, Iowa, Nebraska and Kansas filed a suit in the U.S. District Court for the Eastern District of Missouri against President Biden, Department of Education Secretary Miguel Cardona (the Secretary), and the U.S. Department of Education (DOE). The states alleged that the debt cancellation plan would cause them economic injury, and that the plan was an unlawful regulatory action because it contravened the separation of powers doctrine and the Administrative Procedure Act by exceeding statutory authority and being arbitrary and capricious. The states sought declaratory and injunctive relief and attorney's fees.

The states argued that President Biden's plan was an unlawful use of the 2003 Higher Education Relief Opportunities for Students (HEROES) Act. The HEROES Act authorizes the Secretary of Education to waive or modify any student financial assistance programs the Secretary deems necessary in a war, military operation, or national emergency. President Trump declared the Covid-19 pandemic a national emergency in March 2020. On August 24, 2022, President Biden announced his debt relief plan: to provide up to $20,000 of debt relief to Pell Grant recipients with federal loans and up to $10,000 to non-Pell Grant recipients; provided those in either category made less than $125,000 in income during 2020 or 2021. However, the plaintiff-states argued that this was an unprecedented and unlawful use of the HEROES Act, which in their view required any relief to be tailored to the actual financial harm suffered during the emergency. They argued that President Biden's solution was not tailored to how the pandemic affected individual borrowers seeking relief (borrowers would get the same flat amount of relief even if their income rose during the pandemic) and did not take into account that many borrowers did not need relief, since loans already did not charge interest during the pandemic. Last, throughout the litigation, the plaintiff-states invited courts to use the “major questions doctrine,” a Justice-made doctrine where courts are less likely to uphold a federal agency’s actions if they determine that this action touches upon a matter of “vast ‘economic and political significance.’”

In addition to seeking a permanent injunction in their complaint, the states on the same day (September 29) moved for a preliminary injunction and Temporary Restraining Order—although they withdrew the request for a Temporary Restraining Order on October 17. On October 20, Judge Henry Edward Autrey dismissed the motion for a preliminary injunction. Judge Autrey reasoned that Missouri was not connected enough to Missouri's Higher Education Loan Authority to establish a potential injury to Missouri itself. Further, Arkansas's and Nebraska's attempt to show injury relied on borrowers' supposed ability to consolidate one type of loan, Federal Family Education loans, into another type, direct loans—an ability the Department had since discontinued. Many of the states also argued they would be injured by lost tax revenues; however Judge Autrey said that was too speculative. Therefore, the Court dismissed the case for lack of standing. 636 F.Supp.3d 991.

The next day, October 21, the States moved for an injunction pending appeal or a temporary administrative stay, given their plan to appeal. However, Judge Autrey immediately denied this request. The States filed an appeal with the U.S. Court of Appeals for the Eighth Circuit that day as well, and the Eight Circuit agreed to hear the issue. On November 14, Judges Bobby Shepherd, Ralph Erickson, and Leonard Grasz granted the emergency injunction pending appeal, reasoning that Missouri and their Higher Education Loan Authority were closely related enough administratively, or at least in second-order impacts, to establish standing. The Judges balanced the parties' interests against one another by saying that the Secretary pressing forward with the plan would cause an irreversible impact to the States, but no impact to the borrowers, since borrowers' debt will still not accrue interest until January 2023. Further, the Court enjoined the Secretary from forgiving debt in any U.S. state, not just within the plaintiff-states, since national forgiveness would negatively impact the plaintiff-states. 52 F.4th 1044.

On November 18, 2022, President Biden appealed the Eighth Circuit's decision to the Supreme Court, asking for an expedited hearing. On December 1, the Supreme Court granted cert, scheduling oral argument for February 2023. Until then, the injunction remained in place and the briefing schedule was held in abeyance pending a decision in the Supreme Court. Oral argument was consolidated with Brown v. Department of Education, another challenge to loan forgiveness.

On June 30, 2023, the Supreme Court reversed the district court’s dismissal and remanded the case. The Court held that Missouri, and possibly other states, had standing to sue. Further, it held that the Secretary of Education’s authority to “waive or modify” existing provisions for student loan programs did not allow it to rewrite the statute entirely to cancel $430 billion of student loan principal. The Court reasoned that under the major questions doctrine, the Secretary would need a clear indication in the statute that Congress wanted to give the Department of Education the ability to cancel that much debt.

On August 8, 2023, the Eighth Circuit remanded the case back to the district court for further proceedings consistent with the Supreme Court opinion. A week later, the parties jointly asked the district court to enter final judgment for the plaintiffs vacating and setting aside the debt forgiveness program due to the Supreme Court decision. The court entered the joint stipulation on August 16, 2023.

This case is now closed.

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Summary Authors

Sophia Bucci (11/30/2022)

Venesa Haska (11/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65654328/parties/state-of-nebraska-v-biden/

Judge(s)

Autrey, Henry Edward (Missouri)

Attorney for Plaintiff

Campbell, James A. (Missouri)

Carswell, Dwight R. (Missouri)

Attorney for Defendant

Brewer, Simon Christopher (Missouri)

Carroll, Sarah (Missouri)

Expert/Monitor/Master/Other

Judge(s)

Autrey, Henry Edward (Missouri)

Attorney for Plaintiff

Campbell, James A. (Missouri)

Carswell, Dwight R. (Missouri)

General, Dylan L. (Missouri)

General, Samuel Paul (Missouri)

Grammel, Shannon Marie (Missouri)

Hamilton, Eric James (Missouri)

Jacobs, Dylan L. (Missouri)

Langholz, Samuel Paul (Missouri)

Sauer, Dean John (Missouri)

Smith, J. Emory (Missouri)

Talent, Michael E. (Missouri)

Attorney for Defendant

Brewer, Simon Christopher (Missouri)

Carroll, Sarah (Missouri)

Dixon, Courtney (Missouri)

Knapp, Cody Taylor (Missouri)

Merritt, Robert Charles (Missouri)

Netter, Brian David (Missouri)

Pulham, Thomas (Missouri)

Raab, Michael (Missouri)

Rebo, Samuel (Missouri)

Expert/Monitor/Master/Other

Chenowith, Mark (Missouri)

Frank, Theodore H. (Missouri)

Li, Sheng (Missouri)

Pepson, Michael David (Missouri)

Vecchione, John Julian (Missouri)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
22-A-00444	Supreme Court Docket Biden v. Nebraska Supreme Court of the United States	Nov. 18, 2022	Nov. 18, 2022 Docket
1 4:22-cv-01040	Complaint	Sept. 29, 2022	Sept. 29, 2022 Complaint
44 4:22-cv-01040	Opinion, Memorandum, and Order	Oct. 20, 2022	Oct. 20, 2022 Order/Opinion 636 F.Supp.3d 991
50 4:22-cv-01040	Opinion, Memorandum, and Order	Oct. 20, 2022	Oct. 20, 2022 Order/Opinion 636 F.Supp.3d 991
22-03179	Opinion Nebraska v. Biden U.S. Court of Appeals for the Eighth Circuit	Nov. 14, 2022	Nov. 14, 2022 Order/Opinion 52 F.4th 1044
22-A-00444	Application to Vacate the Injunction Entered by the United States Court of Appeals for the Eighth Circuit Biden v. Nebraska Supreme Court of the United States	Nov. 18, 2022	Nov. 18, 2022 Pleading / Motion / Brief
	Opinion of the Court Biden v. Nebraska Supreme Court of the United States	June 30, 2023	June 30, 2023 Order/Opinion 143 S.Ct. 2355

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Resources

Title	Description		External URL Date / External URL
The legal fight that could kill Biden’s student debt relief plan, explained Ian Millhiser	This article covers Nebraska v. Biden from a political angle, explaining how partisan politics may shape the outcome of the case. One of those ways is via the “major questions doctrine,” a new 2014 …	Last Updated November 17, 2022	Nov. 17, 2022 https://www.vox.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/65654328/state-of-nebraska-v-biden/

Last updated Jan. 31, 2025, 5:24 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against defendant All Defendants with receipt number AMOEDC-9532317, in the amount of $402 Non-Jury Demand,, filed by State of South Carolina, State of Arkansas, State of Missouri, State of Iowa, State of Nebraska, State of Kansas. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Original Filing Form Original Filing Form, # 3 Summons Secretary Miguel Cardona, # 4 Summons U.S. Attorney General, # 5 Summons Dept. of Education, # 6 Summons U.S. Attorney, # 7 Summons President Joseph R. Biden)(Talent, Michael) (Entered: 09/29/2022)	Sept. 29, 2022	Sept. 29, 2022 Clearinghouse
2	MOTION for Leave to Exceed the Page Limit for Memorandum in Support of their Motions for TRO and Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Talent, Michael) (Entered: 09/29/2022)	Sept. 29, 2022	Sept. 29, 2022 PACER
3	MOTION for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Talent, Michael) (Entered: 09/29/2022)	Sept. 29, 2022	Sept. 29, 2022 PACER
4	(Document Withdrawn Per Order #39 dated 10/17/22) MOTION for Temporary Restraining Order by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Attachments: # 1 Text of Proposed Order Proposed Order)(Talent, Michael) Modified on 10/17/2022 (EAB). (Entered: 09/29/2022)	Sept. 29, 2022	Sept. 29, 2022 PACER
5	MEMORANDUM in Support of Motion re 4 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction filed by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Attachments: # 1 Attachment Decl. of Michael E. Talent, # 2 Attachment Decl. of Michael Walden-Newman, # 3 Attachment Decl. of James A. Campbell, # 4 Attachment Decl. of Tony Williams)(Talent, Michael) (Entered: 09/29/2022)	Sept. 29, 2022	Sept. 29, 2022 PACER
6	ENTRY of Appearance by James A. Campbell for Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James) (Entered: 09/29/2022)	Sept. 29, 2022	Sept. 29, 2022 PACER
7	ENTRY of Appearance by Dylan L. Jacobs for Plaintiff State of Arkansas. (Jacobs, Dylan) (Entered: 09/29/2022)	Sept. 29, 2022	Sept. 29, 2022 PACER
8	NOTICE Request for Hearing on Motion for Temporary Restraining Order: by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina re 4 MOTION for Temporary Restraining Order (Campbell, James) (Entered: 09/29/2022)	Sept. 29, 2022	Sept. 29, 2022 PACER
	Case Opening Notification. Judge Assigned: Honorable Audrey G. Fleissig. 5 Summons(es) issued and emailed to Attorney Michael E. Talent. (JDC)	Sept. 29, 2022	Sept. 29, 2022 PACER
9	REASSIGNMENT ORDER (GJL)..The above styled and numbered case was opened on September 29, 2022. Due to a clerical error, this case was assigned to the Honorable Audrey G. Fleissig, United States District Judge. Therefore, this case must be reassigned. Accordingly, IT IS THEREFORE ORDERED that the above-styled cause is randomly reassigned to the Honorable Henry E. Autrey, United States District Judge. (JDC) (Entered: 09/29/2022)	Sept. 29, 2022	Sept. 29, 2022 PACER
10	ENTRY of Appearance by Samuel Paul Langholz for Plaintiff State of Iowa. (Langholz, Samuel) (Entered: 09/29/2022)	Sept. 29, 2022	Sept. 29, 2022 PACER
11	Docket Text ORDER: Re: 2 MOTION for Leave to Exceed the Page Limit for Memorandum in Support of their Motions for TRO and Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina; LEAVE TO EXCEED PAGE LIMITATION IS GRANTED, BUT NOT TO EXCEED 45 PAGES. SO ORDERED. Signed by District Judge Henry Edward Autrey on 9/30/22. (EAB) (Entered: 09/30/2022)	Sept. 30, 2022	Sept. 30, 2022 PACER
12	ORDER: IT IS HEREBY ORDERED that consistent with conference discussions, Plaintiff's Motion for Temporary Restraining Order [Doc # 4 ] is set for hearing on October 4, 2022, at 10:00 a.m. in the courtroom of the undersigned. Respondents are to file reply to the Motion for Temporary Restraining Order by 4:00 p.m. Monday, October 3, 2022. (Motion Hearing set for 10/4/2022 10:00 AM in Courtroom 10N - St. Louis before District Judge Henry Edward Autrey. Response to Court due by 10/3/2022) Signed by District Judge Henry Edward Autrey on 9/30/2022. (JEB) (Entered: 09/30/2022)	Sept. 30, 2022	Sept. 30, 2022 PACER
13	NOTICE OF PROCESS SERVER by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina Process Server: Same Day Process Service (Attachments: # 1 Summons U.S. Attorney General)(Talent, Michael) (Entered: 09/30/2022)	Sept. 30, 2022	Sept. 30, 2022 PACER
14	STIPULATION re 4 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James) (Entered: 09/30/2022)	Sept. 30, 2022	Sept. 30, 2022 PACER
15	ENTRY of Appearance by Robert Charles Merritt for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Merritt, Robert) (Entered: 10/03/2022)	Oct. 3, 2022	Oct. 3, 2022 PACER
16	Docket Text ORDER: re: 14 STIPULATION re 4 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina ; SO ORDERED. Signed by District Judge Henry Edward Autrey on 10/3/2022. (JEB) (Entered: 10/03/2022)	Oct. 3, 2022	Oct. 3, 2022 PACER
17	ORDER. IT IS HEREBY ORDERED that the hearing on Plaintiff's MOTION for Temporary Restraining Order [Doc # 4 ] set for hearing on October 4, 2022, is VACATED. IT IS FURTHER ORDERED that Defendants' response to Plaintiff's Motion for a Preliminary Injunction is due Friday, October 7, 2022, and Plaintiffs' reply is due Tuesday, October 11, 2022. IT IS FINALLY ORDERED that oral argument on Plaintiff's Motion for Preliminary Injunction is set for October 12, 2022, at 10:30 a.m. in the courtroom of the undersigned. (Motion Hearing set for 10/12/2022 10:30 AM in Courtroom 10N - St. Louis before District Judge Henry Edward Autrey) Signed by District Judge Henry Edward Autrey on 10/3/2022. (HMA) (Entered: 10/03/2022)	Oct. 3, 2022	Oct. 3, 2022 PACER
18	ENTRY of Appearance by Shannon Marie Grammel for Plaintiff State of Kansas. (Grammel, Shannon) (Entered: 10/05/2022)	Oct. 5, 2022	Oct. 5, 2022 PACER
19	NOTICE: The United States Judicial Conference has authorized a pilot program permitting certain district courts to livestream audio of proceedings in civil cases of public interest with the consent of the parties. This Court is a participant in that program, and the parties in the present matter have agreed through counsel to permit the Court to livestream audio of the arguments on Plaintiffs' Motion for Preliminary Injunction set for October 11, 2022 at 10:30 a.m., CST. Under Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited. Members of the public who wish to listen to the hearing via Internet on the Court's YouTube channel may do so at: https://www.youtube.com/channel/UCIWD5tA9DvZskM37uuuPBMg/. This is livestream audio only. Signed by District Judge Henry Edward Autrey on 10/6/2022. (HMA) (Entered: 10/06/2022)	Oct. 6, 2022	Oct. 6, 2022 PACER
20	ENTRY of Appearance by Brian David Netter for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Netter, Brian) (Entered: 10/07/2022)	Oct. 7, 2022	Oct. 7, 2022 PACER
21	AMENDED NOTICE. The United States Judicial Conference has authorized a pilot program permitting certain district courts to livestream audio of proceedings in civil cases of public interest with the consent of the parties. This Court is a participant in that program, and the parties in the present matter have agreed through counsel to permit the Court to livestream audio of the arguments on Plaintiffs' Motion for Preliminary Injunction set for October 12, 2022 at 10:30 a.m., Central Time. Under Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited. Members of the public who wish to listen to the hearing via Internet on the Court's YouTube channel may do so at: https://www.youtube.com/channel/UCIWD5tA9DvZskM37uuuPBMg/. This is livestream audio only. Signed by District Judge Henry Edward Autrey on 10/7/2022. (CBL) (Entered: 10/07/2022)	Oct. 7, 2022	Oct. 7, 2022 PACER
22	SUMMONS Returned Executed filed by State of Missouri. Defendant Miguel Cardona served on 9/30/2022, answer due 11/29/22. (Talent, Michael) Modified on 10/13/2022 (EAB). (Entered: 10/07/2022)	Oct. 7, 2022	Oct. 7, 2022 PACER
23	SUMMONS Returned Executed filed by State of Missouri. Defendant United States Department of Education served on 9/30/2022, answer due 11/29/2022. (Talent, Michael) Modified on 10/13/2022 (EAB). (Entered: 10/07/2022)	Oct. 7, 2022	Oct. 7, 2022 PACER
24	SUMMONS Returned Executed filed by State of Missouri. Defendant Joseph R. Biden, Jr served on 9/30/2022, answer due 11/29/2022. (Talent, Michael) Modified on 10/13/2022 (EAB). (Entered: 10/07/2022)	Oct. 7, 2022	Oct. 7, 2022 PACER
25	Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Merritt, Robert) (Entered: 10/07/2022)	Oct. 7, 2022	Oct. 7, 2022 PACER
26	ENTRY of Appearance by Cody Taylor Knapp for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Knapp, Cody) (Entered: 10/07/2022)	Oct. 7, 2022	Oct. 7, 2022 PACER
27	MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction filed by Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Attachments: # 1 Exhibit 1 (Kvaal Declaration))(Merritt, Robert) (Entered: 10/07/2022)	Oct. 7, 2022	Oct. 7, 2022 PACER
28	ENTRY of Appearance by Dean John Sauer for Plaintiff State of Missouri. (Sauer, Dean) (Entered: 10/11/2022)	Oct. 11, 2022	Oct. 11, 2022 PACER
29	Docket Text ORDER: Re 25 Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Joseph R. Biden, Jr3, Miguel Cardona, United States Department of Education; ORDERED GRANTED. Signed by District Judge Henry Edward Autrey on 10/11/22. (EAB) (Entered: 10/11/2022)	Oct. 11, 2022	Oct. 11, 2022 PACER
30	MOTION for Leave to File in Excess of Page Limitation for Reply Memorandum in support of Motion for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James) (Entered: 10/11/2022)	Oct. 11, 2022	Oct. 11, 2022 PACER
31	REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Attachments: # 1 Exhibit Campbell Declaration)(Campbell, James) (Entered: 10/11/2022)	Oct. 11, 2022	Oct. 11, 2022 PACER
32	ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Henry Edward Autrey: Motion Hearing held on 10/12/2022. Oral argument heard from both sides re 3 MOTION for Preliminary Injunction filed by State of Nebraska, State of Arkansas, State of Missouri, State of Kansas, State of Iowa, State of South Carolina. Matter taken under submission by the Court. (Court Reporter:Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978) (proceedings started: 10:34 am) (proceedings ended: 12:30 pm) (Deputy Clerk: E. Brown)(Appearance for Plaintiff: James Campbell, Michael Talent, Dean John Sauer)(Appearance for Defendant: Brian Netter, Cody Knapp) (EAB) (Entered: 10/12/2022)	Oct. 12, 2022	Oct. 12, 2022 PACER
33	Docket Text ORDER: Re: 30 MOTION for Leave to File in Excess of Page Limitation for Reply Memorandum in support of Motion for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina; ORDERED GRANTED. Signed by District Judge Henry Edward Autrey on 10/12/2022. (JEB) (Entered: 10/12/2022)	Oct. 12, 2022	Oct. 12, 2022 PACER
34	ENTRY of Appearance by Samuel Rebo for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Rebo, Samuel) (Entered: 10/13/2022)	Oct. 13, 2022	Oct. 13, 2022 PACER
35	TRANSCRIPT ORDER REQUEST for 32 (MOTION HEARING) by State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Talent, Michael) (Request forwarded to court reporter A. Daley 10/14/22)(JEB). (Entered: 10/13/2022)	Oct. 13, 2022	Oct. 13, 2022 PACER
36	TRANSCRIPT ORDER REQUEST for 32 (MOTION HEARING) by Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Knapp, Cody)(Request forwarded to court reporter A. Daley 10/14/22)(JEB). (Entered: 10/13/2022)	Oct. 13, 2022	Oct. 13, 2022 PACER
37	TRANSCRIPT of 32 (Preliminary Injunction Hearing) held on 10/12/22 before Judge Autrey. Court Reporter/Transcriber Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/12/2023. (EAB) (Entered: 10/14/2022)	Oct. 14, 2022	Oct. 14, 2022 PACER
38	NOTICE Withdrawal of Motion for Temporary Restraining Order: by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina (Campbell, James) (Entered: 10/14/2022)	Oct. 14, 2022	Oct. 14, 2022 PACER
39	Docket Text ORDER: Re 38 NOTICE Withdrawal of Motion for Temporary Restraining Order: by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina; SO ORDERED. Signed by District Judge Henry Edward Autrey on 10/17/22. (EAB) (Entered: 10/17/2022)	Oct. 17, 2022	Oct. 17, 2022 PACER
40	Summons Returned Unexecuted by State of Missouri as to Defendant U. S. Attorney General. (Talent, Michael) Modified on 10/18/2022 (EAB). (Entered: 10/18/2022)	Oct. 18, 2022	Oct. 18, 2022 PACER
41	NOTICE by Plaintiff State of Missouri for Request for Alias Summons (Talent, Michael) (Entered: 10/18/2022)	Oct. 18, 2022	Oct. 18, 2022 PACER
42	NOTICE OF PROCESS SERVER by Plaintiff State of Missouri Process Server: Same Day Process Service (Talent, Michael) (Entered: 10/18/2022)	Oct. 18, 2022	Oct. 18, 2022 PACER
43	Alias Summons Issued as to defendant U. S. Attorney General. The summons was emailed to Attorney for Plaintiff for service. (EAB) (Entered: 10/19/2022)	Oct. 19, 2022	Oct. 19, 2022 PACER
44	OPINION, MEMORANDUM AND ORDER. This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction [Doc. No. 3 ]. Defendants have filed their response in opposition to the Motion. The parties appeared in person for a hearing on the Motion on October 12, 2022. The Court has thoroughly reviewed the pleadings, affidavits, exhibits, and memoranda of law submitted by the respective parties, and has considered the arguments presented at the hearing. For the reasons set forth below, the Court concludes Defendants' arguments are well-taken and this matter will be dismissed. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this action is DISMISSED. (See Full Order for Complete Details). A separate Order of Dismissal in accordance with this Opinion, Memorandum and Order is entered this same date. Signed by District Judge Henry Edward Autrey on 10/20/22. (EAB) (Entered: 10/20/2022)	Oct. 20, 2022	Oct. 20, 2022 Clearinghouse
45	SUMMONS Returned Executed filed by State of Missouri. Defendant United States Department of Education by serving U.S. Attorney General served on 10/20/2022, answer due 12/19/2022. (Talent, Michael) Modified on 10/21/2022 (EAB). (Main Document 45 replaced on 10/21/2022) (EAB). (Entered: 10/20/2022)	Oct. 20, 2022	Oct. 20, 2022 PACER
46	ORDER OF DISMISSAL. In accordance with the Opinion, Memorandum and Order entered this same date, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this action is DISMISSED. Signed by District Judge Henry Edward Autrey on 10/20/22. (EAB) (Entered: 10/20/2022)	Oct. 20, 2022	Oct. 20, 2022 PACER
47	NOTICE OF APPEAL as to 44 Opinion Memorandum,,,, Memorandum & Order,,, 46 Order of Dismissal (case - Stipulation of Dismissal) by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. Filing fee $ 505, receipt number AMOEDC-9576238. (Entered: 10/20/2022)	Oct. 20, 2022	Oct. 20, 2022 PACER
48	MOTION for Relief Injunction Pending Appeal or Temporary Administrative Stay of Agency Action by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James) (Entered: 10/20/2022)	Oct. 20, 2022	Oct. 20, 2022 PACER
49	NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding 46 Order of Dismissal (case - Stipulation of Dismissal). Notice of Appeal filed on 10/20/2022 by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JDC) (Entered: 10/21/2022)	Oct. 21, 2022	Oct. 21, 2022 PACER
50	ORDER. This matter is before the Court on Plaintiffs' Motion for Injunction Pending Appeal or Temporary Administrative Stay of Agency Action [Doc No. 48]. On October 20, 2022, this Court issued an Opinion, Order and Memorandum, with an accompanying Order of Dismissal, dismissing this case for a lack of standing. Plaintiffs' Motion will be denied. Accordingly, IT IS HEREBY ORDERED that Plaintiffs' Motion [Doc No. 48 ] is DENIED. Signed by District Judge Henry Edward Autrey on 10/21/2022. (HMA) (Entered: 10/21/2022)	Oct. 21, 2022	Oct. 21, 2022 Clearinghouse
51	Initial Notification from USCA for 47 Notice of Appeal, filed by State of Nebraska, State of Arkansas, State of Missouri, State of Kansas, State of Iowa, State of South Carolina. USCA Appeal Number: 22-3179(JEB) (Entered: 10/21/2022)	Oct. 21, 2022	Oct. 21, 2022 PACER
52	Briefing Schedule from USCA for 47 Notice of Appeal, filed by State of Nebraska, State of Arkansas, State of Missouri, State of Kansas, State of Iowa, State of South Carolina. USCA Appeal Number: 22-3179 (See attached document for all other deadlines)(JEB) (Entered: 10/21/2022)	Oct. 21, 2022	Oct. 21, 2022 PACER
53	ORDER of USCA. Appellants' emergency motion for an administrative stay prohibiting the appellees from discharging any student loan debt under the Cancellation program until this Court rules on the appellants' motion for an injunction pending appeal is granted. The request for expedited briefing on the motion for an injunction pending appeal is granted as follows: Appellees' response in opposition shall be due on or before 5:00 PM Central, Monday, October 24, 2022 and the Appellants' reply, if any, is due on or before 5:00 PM Central, Tuesday, October 25, 2022. USCA Appeal #: 22-3179 (HMA) (Entered: 10/24/2022)	Oct. 24, 2022	Oct. 24, 2022 PACER