Case: Kansas v. Biden

State of Alaska v. United States Department of Education

U.S. Court of Appeals for the Tenth Circuit

State of Alaska v. United States Department of Education

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

COMPLAINT with trial location of Wichita (Filing fee $405, Internet Payment Receipt Number AKSDC-6309870.), filed by Alabama, State of, Alaska, State of, Idaho, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Montana, State of, Nebraska, State of, South Carolina, State of, Texas, State of, Utah, State of. (Attachments: # 1 Exhibit 1) (Kambli, Abhishek) Modified on 3/29/2024 to correct the filers. (mam) (Entered: 03/28/2024)

1 Exhibit 1

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Notice of Judge Assignment

CIVIL COVER SHEET by Plaintiffs Alabama, State of, Alaska, State of, Idaho, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Montana, State of, Nebraska, State of, South Carolina, State of, Texas, State of, Utah, State of. (Kambli, Abhishek) Modified on 3/29/2024 to correct the filers. (mam) (Entered: 03/28/2024)

MOTION to Exceed the Page Limits by Plaintiffs Alabama, State of, Alaska, State of, Idaho, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Montana, State of, Nebraska, State of, South Carolina, State of, Texas, State of, Utah, State of. (Kambli, Abhishek) (Entered: 03/28/2024)

NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jk)

Summons Issued as to USA

Summons Issued as to Joseph R. Biden, United States Department of Education, The, United States Secretary of Education, U.S. Attorney (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (jk)

Motions No Longer Referred

MOTION REFERRAL to Magistrate Judge REMOVED as to: 3 Motion to Exceed the Page Limits. The motion will be resolved by the District Judge.(alh)

MOTION for attorney Drew C. Ensign to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6313474.) by Plaintiffs Alabama, State of, Alaska, State of, Idaho, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Montana, State of, Nebraska, State of, South Carolina, State of, Texas, State of, Utah, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Kambli, Abhishek) (Entered: 04/02/2024)

Order on Motion to Appear Pro Hac Vice

Order on Motion for Leave to File Excess Pages

MOTION for attorney Drew C. Ensign to appear pro hac vice by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Pro Hac Vice E-Filing Registration Form) (Kambli, Abhishek) (Modified on 4/3/2024 to correct filing party; entry is for State of Kansas only. (heo)) (Entered: 04/02/2024)

ORDER finding as moot 4 MOTION for attorney Drew C. Ensign to appear pro hac vice due to insufficient documentation. Signed by Magistrate Judge Angel D. Mitchell on 4/2/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 04/02/2024)

MOTION for attorney Lincoln Korell to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number BKSDC-6313724.) by Plaintiff Nebraska, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Pro Hac Vice E-Filing Registration Form) (Kambli, Abhishek) (Modified on 4/3/2024 to correct filing party; entry for State of Nebraska only. (heo)) (Entered: 04/02/2024)

NOTICE TO ALL COUNSEL AND PARTIES. The court directs counsel for plaintiffs and defendants to inform the court as soon as possible of (a) the identity of lead counsel for plaintiffs and defendants; and (b) direct contact information for lead counsel for both plaintiffs and defendants. In addition, the court directs such lead counsel to confer with one another about the schedule the parties propose for managing all the work needed to resolve the anticipated motion for preliminary injunction. To the extent the parties agree on a proposed schedule, they should submit a proposed interim Scheduling Order. If the parties cannot agree on all aspects of an interim Scheduling Order, each side must submit the interim Scheduling Order they separately propose. Signed by District Judge Daniel D. Crabtree on 4/2/2024. (mam) (Entered: 04/02/2024)

ORDER. Plaintiffs have filed a Motion to Exceed the Page Limits (Doc. 3 ) that asks the court for permission to file a no-more-than-35-page Motion for Preliminary Injunction. Plaintiffs inform the court that these excess pages are necessary due "to the complex nature of the Final Rule and Plaintiffs' injuries[.]" Id. at 1. Plaintiffs note that they don't know whether defendants oppose the Motion to Exceed Page Limits because defendants haven't entered an appearance in the case yet. Id. The court grants plaintiffs' request and, to avoid any potential for prejudice to defendants, grants defendants a commensurate 35-page limit on their consolidated response brief. Signed by District Judge Daniel D. Crabtree on 04/02/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig) (Entered: 04/02/2024)

ORDER granting 5 Motion to Appear Pro Hac Vice of Drew C. Ensign for Kansas, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/2/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 04/02/2024)

ORDER granting 7 Motion to Appear Pro Hac Vice of Lincoln J. Korell for Nebraska, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/2/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Modified on 4/3/2024 to correct state of representation per ADM chambers. (heo)) (Entered: 04/02/2024)

MOTION for attorney Joshua Nathaniel Turner to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6313840.) by Plaintiff Idaho, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Pro Hac Vice E-Filing Registration Form)(Kambli, Abhishek) (Modified on 4/3/2024 to correct filing party. (heo)) (Entered: 04/02/2024)

MOTION for attorney Charles K. Eldred to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6313879.) by Plaintiff Texas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Pro Hac Vice E-Filing Registration Form)(Kambli, Abhishek) Modified on 4/3/2024 to include attorney's name in docket text. (kas) (Entered: 04/02/2024)

Summons Returned Executed -- served by Personal Service on 4/1/2024. Summons served on United States Attorney. (Kambli, Abhishek) (Entered: 04/02/2024)

Summons Returned Executed -- served by Personal Service on 4/1/2024 U.S. Department of Education. Summons served on United States Attorney. (Kambli, Abhishek) (Entered: 04/02/2024)

Summons Returned Executed -- United States Secretary of Education served on 4/1/2024 by Personal Service. Answer due 5/31/2024. Summons served on United States Attorney. (Kambli, Abhishek) (Entered: 04/02/2024)

ENTRY OF APPEARANCE by Stephen Michael Pezzi on behalf of All Defendants. (Pezzi, Stephen) (Entered: 04/03/2024)

Docket Annotation

Order on Motion to Appear Pro Hac Vice

ENTRY OF APPEARANCE by Clayton Louis Bailey on behalf of All Defendants. (Bailey, Clayton) (Entered: 04/03/2024)

ORDER granting 12 Motion to Appear Pro Hac Vice of Joshua Nathaniel Turner for Idaho, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/3/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 04/03/2024)

ORDER granting 13 Motion to Appear Pro Hac Vice of Charles K. Eldred for Texas, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/3/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 04/03/2024)

DOCKET ANNOTATION: Corrections to the attorney/party association have been made to the text of docket entries 5, 7, and 12 motions to appear pro hac vice. Docket entry 11 Order on Motion to Appear Pro Hac Vice, has also been corrected to read representation is for the State of Nebraska, not for the State of Kansas. (heo)

MOTION for attorney Eric Wessan to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6315271.) by Plaintiff Iowa, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Pro Hac Vice E-Filing Registration Form)(Kambli, Abhishek) (Entered: 04/04/2024)

MOTION for attorney Joseph D. Spate to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6315943.) by Plaintiff South Carolina, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Pro Hac Vice E-Filing Registration Form)(Kambli, Abhishek) (Entered: 04/04/2024)

MOTION for Preliminary Injunction by Plaintiffs Alabama, State of, Alaska, State of, Idaho, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Montana, State of, Nebraska, State of, South Carolina, State of, Texas, State of, Utah, State of. (Gaide, Erin) Modified on 5/28/2024 to correct the filers. (mam) (Entered: 04/05/2024)

MEMORANDUM IN SUPPORT of 23 Motion for Preliminary Injunction by Plaintiffs Alabama, State of, Alaska, State of, Idaho, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Montana, State of, Nebraska, State of, South Carolina, State of, Texas, State of, Utah, State of. (Attachments: # 1 List Table of Plaintiff's Exhibits, # 2 Ex. 1 - Def. of Freedom Inst. Comments, # 3 Ex. 2 - D. Kan. Job Posting, # 4 Ex. 3 - Gish Aff., # 5 Ex. 4 - De la Garza Decl., # 6 Ex. 5 - U.S. Budget 2023, # 7 Ex. 6 - KPMG Audit)(Gaide, Erin) Modified on 4/8/2024 to correct exhibit text. (kas) Modified on 5/28/2024 to correct the filers. (mam) (Entered: 04/05/2024)

1 List Table of Plaintiff's Exhibits

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2 Ex. 1 - Def. of Freedom Inst. Comments

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3 Ex. 2 - D. Kan. Job Posting

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4 Ex. 3 - Gish Aff.

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5 Ex. 4 - De la Garza Decl.

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6 Ex. 5 - U.S. Budget 2023

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7 Ex. 6 - KPMG Audit

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ORDER granting 21 Motion to Appear Pro Hac Vice of Eric H. Wessan for Iowa, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/8/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 04/08/2024)

Order on Motion to Appear Pro Hac Vice

ORDER granting 22 Motion to Appear Pro Hac Vice of Joseph D. Spate for South Carolina, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/8/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 04/08/2024)

MOTION for attorney Lance Sorenson to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6318240.) by Plaintiff Utah, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Pro Hac Vice E-Filing Registration Form)(Kambli, Abhishek) (Entered: 04/08/2024)

MOTION for attorney William E. Milks to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6318251.) by Plaintiff Alaska, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Pro Hac Vice E-Filing Registration Form)(Kambli, Abhishek) (Entered: 04/08/2024)

ENTRY OF APPEARANCE by Kris W. Kobach on behalf of Kansas, State of. (Kobach, Kris W.) Modified on 4/8/2024 to update text. (nac) (Entered: 04/08/2024)

Summons Returned Executed -- Personal Service on 4/8/2024 United States Secretary of Education, answer due 6/7/2024. Summons served on United States Attorney. (Kambli, Abhishek) (Entered: 04/08/2024)

Summons Returned Executed -- Personal Service on 4/8/2024 United States Department of Education, answer due 6/7/2024. Summons served on United States Attorney. (Kambli, Abhishek) (Entered: 04/08/2024)

Summons Returned Executed -- Personal Service on 4/8/2024, Joseph R. Biden, answer due 6/7/2024. Summons served on United States Attorney. (Kambli, Abhishek) (Entered: 04/08/2024)

ORDER granting 27 Motion to Appear Pro Hac Vice of Lance F. Sorenson for Utah, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/10/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 04/10/2024)

Order on Motion to Appear Pro Hac Vice

ORDER granting 28 Motion to Appear Pro Hac Vice of William E. Milks for Alaska, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/10/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 04/10/2024)

MOTION for attorney Edmund G. LaCour Jr. to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6321285.) by Plaintiff Alabama, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Pro Hac Vice E-Filing Registration Form)(Kambli, Abhishek) (Entered: 04/11/2024)

Order on Motion to Appear Pro Hac Vice

MOTION for attorney Kelsey LeeAnn Smith to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6321652.) by Plaintiff Louisiana, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Pro Hac Vice E-Filing Registration Form)(Kambli, Abhishek) (Entered: 04/11/2024)

ORDER granting 35 Motion to Appear Pro Hac Vice of Edmund G. LaCour, Jr for Alabama, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/11/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 04/11/2024)

ORDER granting 36 Motion to Appear Pro Hac Vice of Kelsey LeeAnn Smith for Louisiana, State of pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 4/11/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 04/11/2024)

MOTION for Scheduling Order by Plaintiffs Alabama, State of, Alaska, State of, Idaho, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Montana, State of, Nebraska, State of, South Carolina, State of, Texas, State of, Utah, State of. (Attachments: # 1 Party Stipulation)(Kambli, Abhishek) Modified event and title on 4/12/2024. (ca) (Entered: 04/11/2024)

1 Party Stipulation

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MOTION REFERRAL to Magistrate Judge REMOVED as to: 39 MOTION for a Scheduling Order. The motion will be resolved by the District Judge.(alh)

(DISREGARD - SEE DE 42 FOR CORRECTED FILING) -- RESPONSE to the Court's Scheduling Notice and Proposed Interim Scheduling Order by Defendants Joseph R. Biden, United States Department of Education, The, United States Secretary of Education. (Pezzi, Stephen) Modified on 4/15/2024 to update docket text to match document and terminate motion due to incorrect event used. (kas) (Entered: 04/12/2024)

Motions No Longer Referred

MOTION REFERRAL to Magistrate Judge REMOVED as to: 40 MOTION for Order Setting Schedule (Defendants' Response to the Court's Scheduling Notice and Proposed Interim Scheduling Order). The motion will be resolved by the District Judge.(alh)

REPLY TO RESPONSE TO MOTION by Plaintiff Kansas, State of re 39 Motion for Briefing Order. (Gaide, Erin) (Entered: 04/12/2024)

(RE-FILED FOR ADMINISTRATIVE PURPOSES) -- RESPONSE by Defendants Joseph R. Biden, United States Department of Education, The, United States Secretary of Education re 39 Motion for Scheduling Order. (kas) Modified on 4/15/2024 to update docket text. (kas) (Entered: 04/15/2024)

WITHDRAWAL OF COUNSEL by Clayton L. Bailey and ENTRY OF APPEARANCE OF SUBSTITUTED COUNSEL by Simon Gregory Jerome on behalf of All Defendants. (Jerome, Simon) (Entered: 04/16/2024)

Set/Reset Motion and R&R Deadlines/Hearings - Public

MEMORANDUM AND ORDER. Plaintiffs' Motion for a Scheduling Order (Doc. 39 ) is granted in part and denied in part. Specifically, the court grants plaintiffs' request to issue a short-term schedule. But the court declines to adopt the schedule plaintiffs have proposed. The court adopts the following schedule for briefing these early issues - April 26, 2024: Defendants' combined Motion to Dismiss and response in opposition to plaintiffs' Motion for a Preliminary Injunction (Doc. 23 ); May 10, 2024: Plaintiffs' combined response in opposition to defendants' Motion to Dismiss and reply in support of their Motion for Preliminary Injunction (Doc. 23 ) and May 24, 2024: Defendants' reply in support of their Motion to Dismiss. The court also sets the following hearings. Though both hearings might not prove necessary, the court nonetheless schedules them now so the parties can reserve both dates on their calendars and staff the case appropriately: Hearing on defendants' forthcoming Motion to Dismiss set for 5/31/2024 at 09:00 AM and Hearing on plaintiffs' Motion for Preliminary Injunction (Doc. 23 ) set for 6/11/2024 at 01:00 PM. Both hearings will be held in KC Courtroom 476 (DDC) before District Judge Daniel D. Crabtree. The defendants' request to dismiss plaintiffs' Motion for Preliminary Injunction without prejudice is denied. Signed by District Judge Daniel D. Crabtree on 4/16/2024. (mam) (Entered: 04/16/2024)

Deadlines set per 44 : Defendants' response in opposition to 23 by 4/26/2024. Plaintiffs' reply to 23 by 5/10/2024. Deadlines set in 44 but not set in ECF: Defendants' combined Motion to Dismiss by 4/26/2024 and Plaintiffs' combined response in opposition to defendants' Motion to Dismiss by 5/10/2024. Defendants' reply in support of their Motion to Dismiss by 5/24/2024. Hearings set per 44 : Hearing on defendants' forthcoming Motion to Dismiss set for 5/31/2024 at 09:00 AM in KC Courtroom 476 (DDC) before District Judge Daniel D. Crabtree. Hearing on plaintiffs' Motion for Preliminary Injunction (Doc. 23 ) set for 6/11/2024 at 01:00 PM in KC Courtroom 476 (DDC) before District Judge Daniel D. Crabtree. (mam)

MOTION to Dismiss for Lack of Jurisdiction by Defendants Joseph R. Biden, United States Department of Education, The, United States Secretary of Education. (Pezzi, Stephen) (Entered: 04/26/2024)

MEMORANDUM IN SUPPORT of 45 Motion to Dismiss for Lack of Jurisdiction by Defendants Joseph R. Biden, United States Department of Education, The, United States Secretary of Education. (Attachments: # 1 Schlichter Declaration)(Pezzi, Stephen) Modified on 5/28/2024, see 47 for the opposition portion. (mam) (Entered: 04/26/2024)

1 Schlichter Declaration

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MEMORANDUM IN OPPOSITION by Defendants Joseph R. Biden, United States Department of Education, The, United States Secretary of Education re 23 Motion for Preliminary Injunction. (RE-FILING OF DE 46 FOR ADMINISTRATIVE PURPOSES) (Attachments: # 1 Schlichter Declaration)(kas) (Entered: 04/29/2024)

1 Schlichter Declaration

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MOTION for Leave to File an Amicus Curiae Brief in Opposition to 45 Defendants' Motion to Dismiss by Amicus Buckeye Institute, The. (Attachments: # 1 Exhibit Amicus Curiae Brief of The Buckeye Institute in Support of Plaintiffs)(Shaw, Jeffrey) (Entered: 05/10/2024)

1 Exhibit Amicus Curiae Brief of The Buckeye Institute in Support of Plaintiffs

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Motions No Longer Referred

MOTION for attorney Alex Certo to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6344922.) by Amicus Buckeye Institute, The. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 Alex Certo Pro Hac Vice Affidavit, # 2 Alex Certo Pro Hac Vice Registration Form)(Shaw, Jeffrey) (Entered: 05/10/2024)

MOTION REFERRAL to Magistrate Judge REMOVED as to: 48 MOTION to File Amicus Brief In Opposition to Defendants' Motion to Dismiss. The motion will be resolved by the District Judge.(alh)

(TWO PART FILING made in error - see Doc. 53 concerning Response portion of this entry.) REPLY TO RESPONSE TO MOTION by Plaintiffs Alabama, State of, Alaska, State of, Idaho, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Montana, State of, Nebraska, State of, South Carolina, State of, Texas, State of, Utah, State of re 23 Motion for Preliminary Injunction. (Attachments: # 1 Table of Exhibits, # 2 Exhibit A - Tran Declaration, # 3 Exhibit B - Abrams Declaration, # 4 Exhibit C - Kraly Declaration, # 5 Exhibit D - Yost Declaration, # 6 Exhibit E - Spate Declaration, # 7 Exhibit F - Keyton Declaration, # 8 Exhibit G - Efird Declaration)(Kambli, Abhishek) Modified on 5/13/2024 to update docket text. (jal) (Entered: 05/10/2024)

1 Table of Exhibits

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2 Exhibit A - Tran Declaration

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3 Exhibit B - Abrams Declaration

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4 Exhibit C - Kraly Declaration

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5 Exhibit D - Yost Declaration

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6 Exhibit E - Spate Declaration

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7 Exhibit F - Keyton Declaration

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8 Exhibit G - Efird Declaration

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RESPONSE IN OPPOSITION by Plaintiffs Alabama, State of, Alaska, State of, Idaho, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Montana, State of, Nebraska, State of, South Carolina, State of, Texas, State of, Utah, State of re 45 Motion to Dismiss. (Attachments: # 1 Table of Exhibits, # 2 Exhibit A - Tran Declaration, # 3 Exhibit B - Abrams Declaration, # 4 Exhibit C - Kraly Declaration, # 5 Exhibit D - Yost Declaration, # 6 Exhibit E - Spate Declaration, # 7 Exhibit F - Keyton Declaration, # 8 Exhibit G - Efird Declaration) (This is a duplicate of Doc. 50 which was incorrectly filed as a two-part document containing both a Reply to a Response to a Motion and a Response to a Motion. This entry is being made for administrative purposes only.)(jal) (Entered: 05/13/2024)

1 Table of Exhibits

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2 Exhibit A - Tran Declaration

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3 Exhibit B - Abrams Declaration

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4 Exhibit C - Kraly Declaration

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5 Exhibit D - Yost Declaration

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6 Exhibit E - Spate Declaration

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7 Exhibit F - Keyton Declaration

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8 Exhibit G - Efird Declaration

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ORDER granting 49 Motion to Appear Pro Hac Vice of Alexander M. Certo for The Buckeye Institute pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/13/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/13/2024)

Order on Motion to Appear Pro Hac Vice

MEMORANDUM AND ORDER granting 48 MOTION to File Amicus Brief In Opposition to Defendants' Motion to Dismiss. The Court will consider the amicus brief (Doc. 48-1) filed and part of the record. Signed by District Judge Daniel D. Crabtree on 5/13/2024. (kas) (Entered: 05/13/2024)

MOTION for attorney David C. Tryon to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6347466.) by Amicus Buckeye Institute, The. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Attachments: # 1 David Tryon Pro Hac Vice Affidavit, # 2 David Tryon Pro Hac Vice Registration Form)(Shaw, Jeffrey) (Entered: 05/14/2024)

MOTION for Leave to file Response to Amicus Brief by Defendants Joseph R. Biden, United States Department of Education, United States Secretary of Education. (Pezzi, Stephen) (Entered: 05/15/2024)

Motions No Longer Referred

MOTION REFERRAL to Magistrate Judge REMOVED as to: 55 MOTION for Leave to file Response to Amicus Brief of the Buckeye Institute. The motion will be resolved by the District Judge.(alh)

ORDER granting 54 Motion to Appear Pro Hac Vice of David C. Tryon for The Buckeye Institute pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Angel D. Mitchell on 5/16/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh) (Entered: 05/16/2024)

Order on Motion to Appear Pro Hac Vice

FIRST AMENDED COMPLAINT against defendants, filed by Plaintiffs Alabama, State of, Alaska, State of, Idaho, State of, Iowa, State of, Kansas, State of, Louisiana, State of, Montana, State of, Nebraska, State of, South Carolina, State of, Texas, State of, Utah, State of .(Kambli, Abhishek) Modified text. (mls). Modified on 5/28/2024 to correct the filers. (mam) (Entered: 05/16/2024)

ORDER denying defendants Joseph R. Biden, United States Department of Education, and United States Secretary of Education's Motion to Dismiss (Doc. 45 ) as moot. Defendants' motion seeks dismissal of plaintiffs' Complaint (Doc. 1). Plaintiffs since have filed an Amended Complaint (Doc. 57). The court thus denies defendants' Motion to Dismiss (Doc. 45) as moot but without prejudice to filing any future motion addressing plaintiffs' Amended Complaint. Signed by District Judge Daniel D. Crabtree on 05/17/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig) (Entered: 05/17/2024)

Order on Motion to Dismiss/Lack of Jurisdiction

JOINT MOTION Regarding Schedule by Defendants Joseph R. Biden, United States Department of Education, United States Secretary of Education. (Pezzi, Stephen) (Entered: 05/18/2024)

Motions No Longer Referred

MOTION REFERRAL to Magistrate Judge REMOVED as to: 59 Joint MOTION for Order Regarding Schedule. The motion will be resolved by the District Judge.(alh)

MEMORANDUM AND ORDER granting 59 Joint MOTION for Order Regarding Schedule. Defendants' Motion to Dismiss (Doc. 45) is reinstated. Signed by District Judge Daniel D. Crabtree on 5/22/2024. (kas) (Entered: 05/22/2024)

ORDER. The court previously granted a Motion for Leave to File an Amicus Curiae Brief (Doc. 48) filed by the Buckeye Institute. Doc. 52. In its Memorandum and Order, the court gave defendants an opportunity to seek the court's permission to file a response to the amicus brief. Defendants have done so, filing a Motion for Leave to File Response to Amicus Brief (Doc. 55 ). Defendants seek to file a three-page response addressing the amicus brief's arguments. Plaintiffs don't oppose defendants' motion. The court thus grants the motion. Defendants have until June 7 to file their three-page response to the amicus brief. Signed by District Judge Daniel D. Crabtree on 05/23/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig) (Entered: 05/23/2024)

Order on Motion for Leave to File

Notice (Other)

MOTION to Consolidate Hearings by Plaintiff Kansas, State of. (Motion referred to Magistrate Judge Angel D. Mitchell.) (Kambli, Abhishek) (Entered: 05/23/2024)

NOTICE OF TELEPHONE CONFERENCE LINE FOR UPCOMING HEARING ON 5/31/2024: An in-person hearing is set for 5/31/2024 at 9:00 AM in Courtroom #476. The hearing's start time is subject to change. The court will issue an additional notice if the start time changes. A telephone conference line will be available for interested counsel, the parties, and the public to listen to the hearing. Participants on the phone line will NOT be able to speak or otherwise participate in the hearing. This is a listening line only. To join the conference line, interested participants shall dial into the conference line at 1-888-363-4749 and enter the access code 8354715. Participants will follow the instructions to join the call. (mig) (Entered: 05/23/2024)

ORDER denying 62 Motion to Modify. Plaintiffs' Motion to Consolidate Hearings. Doc. 62 asks the court to combine two upcoming hearings: one on defendants' Motion to Dismiss for lack of subject matter jurisdiction and one on plaintiffs' Motion for Preliminary Injunction. Plaintiffs assert that many "of the issues that will be addressed at these hearings overlap[.]" Doc. 62 at 1. And, according to plaintiffs, consolidating the hearings will serve the interests of time and judicial economy. Id. While there's a kernel of truth about plaintiffs' reasoning, that kernel isn't big enough to convince the court to combine the two issues--standing and merits--into one hearing. Standing is an essential element of subject matter jurisdiction. And it's imperative that Federal Courts exercise their limited jurisdiction only when it's proper to do so. The Court is resolute about deciding the first question first--have plaintiffs demonstrated that this court has subject matter jurisdiction to decide this case's claims. The Court, in its discretion, concludes that the bifurcated approach established in the court's Memorandum and Order Doc. 44 should remain in effect. The Court thus denies plaintiffs' Motion to Consolidate Hearings Doc. 62 . Signed by District Judge Daniel D. Crabtree on 5/24/24. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss) (Entered: 05/24/2024)

Order on Motion to Modify

REPLY TO RESPONSE TO MOTION by Defendants Joseph R. Biden, United States Department of Education, United States Secretary of Education re 45 Motion to Dismiss. (Jerome, Simon) (Entered: 05/24/2024)

MINUTE ENTRY for proceedings held before District Judge Daniel D. Crabtree: MOTION HEARING held on 5/31/2024. The court takes under under advisement 45 Motion to Dismiss for Lack of Jurisdiction filed by Joseph R. Biden, United States Secretary of Education, United States Department of Education as set forth in full on the record. (Court Reporter Kim Greiner.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mig) (Entered: 05/31/2024)

Motion Hearing AND Order on Motion to Dismiss/Lack of Jurisdiction

NOTICE. The court will issue a Memorandum and Order on defendants' Motion to Dismiss (Doc. 45 ) tomorrow, June 7, 2024, after 12:00 PM CST. (mig) (Entered: 06/06/2024)

Notice (Other)