Case: Texas v. Cardona

COMPLAINT against Dept of Justice filed by State of Texas. (Filing fee $402; Receipt number CTXNDC-13816337) Clerk to issue summons(es) for federal defendant(s). 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 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D) (Walters, Ryan) (Entered: 06/14/2023)

1 Exhibit(s) Exhibit A

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2 Exhibit(s) Exhibit B

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3 Exhibit(s) Exhibit C

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4 Exhibit(s) Exhibit D

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ADDITIONAL ATTACHMENTS to 1 Complaint by The State of Texas. (Attachments: # 1 Cover Sheet Supplement) (Walters, Ryan) Modified on 6/15/2023 (fba). (Entered: 06/14/2023)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Clerk QC note: No affiliate entered in ECF). (Walters, Ryan) (Entered: 06/14/2023)

New Case Notes: A filing fee has been paid. File to: Judge Means. 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. (fba) (Entered: 06/15/2023)

Summons issued as to Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice, U.S. Attorney, and U.S. Attorney General. (fba) (Entered: 06/15/2023)

Court Request for Recusal: Senior Judge Terry R Means recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Reed C. O'Connor for all further proceedings. Future filings should indicate the case number as: 4:23-cv-00604-O. (bcr) (Entered: 06/16/2023)

NOTICE of Attorney Appearance by Ethan Quinn Szumanski on behalf of The State of Texas. (Filer confirms contact info in ECF is current.) (Szumanski, Ethan) (Entered: 06/20/2023)

SUMMONS Returned Executed as to Merrick B Garland ; served on 6/20/2023. (Walters, Ryan) (Entered: 07/06/2023)

SUMMONS Returned Executed as to United States Department of Education ; served on 6/20/2023. (Walters, Ryan) (Entered: 07/06/2023)

SUMMONS Returned Executed as to United States Department of Justice ; served on 6/20/2023. (Walters, Ryan) (Entered: 07/06/2023)

NOTICE of Attorney Appearance by John T. Lewis on behalf of Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Lewis, John) (Entered: 08/11/2023)

Unopposed Motion for Extension of Time to File Answer filed by Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Lewis, John) (Entered: 08/11/2023)

MOTION to Withdraw as Attorney Leif A. Olson filed by The State of Texas (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 08/14/2023)

ORDER: Before the Court is Defendants' Unopposed Motion for Extension of Time (ECF No. 12 ), filed August 11, 2023. The Court finds good cause and GRANTS the motion. Defendants SHALL file their answer or other responsive pleading by August 28, 2023. (Ordered by Judge Reed C. O'Connor on 8/15/2023) (saw) (Entered: 08/15/2023)

ORDER: Before the Court is Plaintiff's Motion for Withdrawal of Counsel (ECF No. 13 ), filed August 14, 2023. The Court determines that the Motion should be, and is hereby, GRANTED. Accordingly, the Court ORDERS that Leif A. Olson, formerly of the Office of the Attorney General of Texas, be allowed to withdraw and hereby is withdrawn as counsel in this matter. Attorney Leif A Olson terminated. (Ordered by Judge Reed C. O'Connor on 8/15/2023) (saw) (Entered: 08/15/2023)

ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party and any unrepresented party shall confer as soon as practicable. The Joint Report shall be filed on or before September 12, 2023. (Ordered by Judge Reed C. O'Connor on 8/15/2023) (saw) (Entered: 08/15/2023)

MOTION Joint Motion to Hold Defendants' Deadline to Respond to Complaint in Abeyance filed by Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Lewis, John) (Entered: 08/23/2023)

ORDER granting 17 ...Before the Court is the Joint Motion to Hold Defendants' Deadline to Respond to Complaint in Abeyance (ECF No. 17 ), filed August 23, 2023. In the Motion, the parties agree to stay Defendants' deadline to answer or otherwise respond to the Complaint until after submission of the parties' proposed schedule on September 12, 2023. Finding that this stay of the deadline may promote the efficient resolution of this dispute, the Court finds good cause and GRANTS the Motion. (Ordered by Judge Reed C. O'Connor on 8/25/2023) (wxc) (Entered: 08/25/2023)

NOTICE of Attorney Appearance by Munera Al-Fuhaid on behalf of The State of Texas. (Filer confirms contact info in ECF is current.) (Al-Fuhaid, Munera) (Entered: 08/30/2023)

Proposal for contents of scheduling and discovery order by The State of Texas. (Walters, Ryan) (Entered: 09/12/2023)

ORDER: The parties agree that this case should be decided on dispositive motions without the need for trial or discovery. To that end, the parties provide a proposed schedule for resolution of this matter by dispositive cross-motions. After due consideration, the Court finds the parties' proposed schedule to be appropriate for this case. (see order) (Ordered by Judge Reed C. O'Connor on 9/12/2023) (mmw) (Entered: 09/12/2023)

Administrative Record consisting of Administrative Record regarding Challenged Documents filed by Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice. (Attachments: # 1 Certification and Administrative Record) (Lewis, John) (Entered: 09/15/2023)

1 Certification and Administrative Record

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MOTION for Summary Judgment filed by The State of Texas (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 10/20/2023)

1 Proposed Order

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Brief/Memorandum in Support filed by The State of Texas re 23 MOTION for Summary Judgment (Attachments: # 1 Exhibit(s) Appendix) (Walters, Ryan) (Entered: 10/21/2023)

Unopposed MOTION to Extend Time for Parties' Reply Briefs filed by Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Lewis, John) (Entered: 11/30/2023)

ORDER: Before the Court is Defendants' Unopposed Motion for Extension of Time (ECF No. 25 ), filed on November 30, 2023. Plaintiff shall file its reply in support of its dispositive motion and opposition to Defendants' cross-dispositive motion by January 22, 2024. Defendants shall file their reply in support of their cross-dispositive motion and opposition to Plaintiff's dispositive motion by February 29, 2024. (Ordered by Judge Reed C. O'Connor on 11/30/2023) (saw) (Entered: 11/30/2023)

Cross MOTION to Dismiss for Lack of Jurisdiction, Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment () filed by Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice (Attachments: # 1 Proposed Order) (Lewis, John) (Entered: 12/01/2023)

1 Proposed Order

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Brief/Memorandum in Support filed by Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice re 27 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment (Lewis, John) (Entered: 12/01/2023)

Joint MOTION to Extend Time for upcoming briefing deadlines filed by The State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 01/18/2024)

ORDER granting 29 Motion to Extend Time. See order for details. (Ordered by Judge Reed C. O'Connor on 1/18/2024) (chmb) (Entered: 01/18/2024)

Brief/Memorandum in Support filed by The State of Texas re 23 MOTION for Summary Judgment, 28 Brief/Memorandum in Support of Motion, 27 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment, 24 Brief/Memorandum in Support of Motion (Walters, Ryan) (Entered: 02/29/2024)

REPLY filed by Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice re: 23 MOTION for Summary Judgment, 27 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment (Lewis, John) (Entered: 04/29/2024)

ORDER: The Court ORDERS the parties to submit cross-briefing on the following topics: (1) whether any of Defendants' jurisdictional arguments are moot in light of the Final Rule and (2) whether this matter should be consolidated with the related case pending in the Amarillo Division. The cross-briefs SHALL be submitted by no later than May 9, 2024. Each brief SHALL consist of ten or fewer pages. (Ordered by Judge Reed C. O'Connor on 5/2/2024) (saw) (Entered: 05/02/2024)

NOTICE of Attorney Appearance by Benjamin Thomas Takemoto on behalf of Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Takemoto, Benjamin) (Entered: 05/03/2024)

RESPONSE filed by Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice re: 33 Order Setting Deadline/Hearing, (Takemoto, Benjamin) (Entered: 05/09/2024)

RESPONSE filed by The State of Texas re: 33 Order Setting Deadline/Hearing, (Walters, Ryan) (Entered: 05/09/2024)

***VACATED PER 44 ORDER*** MEMORANDUM OPINION AND ORDER: The Court GRANTS Plaintiff's Motion for Summary Judgment (ECF No. 23 ) and DENIES Defendants' Cross-Motion to Dismiss or, in the Alternative, for Summary Judgment (ECF No. 27 ). (Ordered by Judge Reed C. O'Connor on 6/11/2024)(See order for specifics.) (saw) Modified on 8/5/2024 (bdb).

***VACATED PER 44 ORDER*** FINAL JUDGMENT: This Judgment is issued pursuant to Federal Rule of Civil Procedure 58(a). It is ORDERED, ADJUDGED, and DECREED that: 1.The Court GRANTS Plaintiff's Motion for Summary Judgment (ECF No. 23 ) and DENIES Defendants' Cross-Motion to Dismiss or, in the Alternative, for Summary Judgment (ECF No. 27 ). This Final Judgment SHALL fully bind Defendants and any officers, agents, servants, employees, attorneys, or other persons in active concert or participation with Defendants. (See Order for specifics.) (Ordered by Judge Reed C. O'Connor on 6/11/2024) (saw) Modified on 8/5/2024 (bdb). (Entered: 06/11/2024)

MOTION to Amend/Correct 37 Memorandum Opinion and Order, 38 Judgment,, Partially Unopposed, MOTION to Alter Judgment () filed by The State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 06/14/2024)

1 Proposed Order

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ORDER: Before the Court is Plaintiff's Partially Unopposed Motion for Correction, Clarification, and to Alter or Amend the Final Judgment (ECF No. 39 ), filed on June 14, 2024. Defendants SHALL submit a response regarding the requested relief that they oppose by no later than June 19, 2024. Plaintiff may reply by no later than June 21, 2024. (Ordered by Judge Reed C. O'Connor on 6/14/2024) (saw) (Entered: 06/14/2024)

NOTICE of Attorney Appearance by Simon Gregory Jerome on behalf of Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Jerome, Simon) (Entered: 06/19/2024)

RESPONSE filed by Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice re: 39 MOTION to Amend/Correct 37 Memorandum Opinion and Order, 38 Judgment,, Partially Unopposed MOTION to Alter Judgment (Jerome, Simon) (Entered: 06/19/2024)

REPLY filed by The State of Texas re: 39 MOTION to Amend/Correct 37 Memorandum Opinion and Order, 38 Judgment,, Partially Unopposed MOTION to Alter Judgment (Walters, Ryan) (Entered: 06/21/2024)

ORDER: The Court GRANTS the 39 Motion. Accordingly, the Clerk of Court is DIRECTED to VACATE the June 11, 2024 Memorandum Opinion and Order (ECF No. 37 ) and the June 11, 2024 Final Judgment (ECF No. 38 ). Revised versions of these corrected and amended items shall separately issue. (Ordered by Judge Reed C. O'Connor on 8/5/2024) (bdb) (Entered: 08/05/2024)

MEMORANDUM OPINION AND ORDER: The Court GRANTS Plaintiff's Motion for Summary Judgment (ECF No. 23 ) and DENIES Defendant's Cross-Motion to Dismiss or, in the Alternative, for Summary Judgment (ECF No. 27 ). (Ordered by Judge Reed C. O'Connor on 8/5/2024) (bdb)

FINAL JUDGMENT: The Court GRANTS Plaintiff's Motion for Summary Judgment (ECF No. 23 ) and DENIES Defendant's Cross-Motion to Dismiss or, in the Alternative, for Summary Judgment (ECF No. 27 ). (see order for specifics) (Ordered by Judge Reed C. O'Connor on 8/5/2024) (bdb) (Entered: 08/05/2024)

NOTICE OF APPEAL as to [45] Memorandum Opinion and Order, [44] Order on Motion to Amend/Correct,, Order on Motion to Alter Judgment, [46] Judgment, to the Fifth Circuit by Miguel Cardona, Merrick B Garland, United States Department of Education, United States Department of Justice. 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. (Lewis, John)

Record on Appeal for USCA5 24-10910 (related to 47 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, Doc. #22 Electronic state court record(s),. 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)

Unopposed MOTION to Substitute Attorney, added attorney Jacob S Siler,Jacob S Siler,Jacob S Siler for Merrick B Garland,Jacob S Siler,Jacob S Siler for Miguel Cardona,Jacob S Siler,Jacob S Siler for United States Department of Justice,Jacob S Siler,Jacob S Siler for United States Department of Education. Motion filed by Merrick B Garland, Miguel Cardona, United States Department of Justice, United States Department of Education (Attachments: # (1) Proposed Order)Attorney Jacob S Siler added to party Miguel Cardona(pty:dft), Attorney Jacob S Siler added to party United States Department of Education(pty:dft), Attorney Jacob S Siler added to party Merrick B Garland(pty:dft), Attorney Jacob S Siler added to party United States Department of Justice(pty:dft) (Siler, Jacob)

1 Proposed Order

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ORDER granting [48]: Having reviewed Defendants' Unopposed Motion to Withdraw and Substitute Counsel, the Court hereby GRANTS the motion. (Ordered by Judge Reed C. O'Connor on 1/27/2025) (wxc)