Case: Missouri v. Biden

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

Case Opening Notification. Judge Assigned: Honorable Sarah E. Pitlyk. 5 Summons(es) issued and emailed to attorney Joshua M. Divine. (JWD)

COMPLAINT for Declaratory and Injunctive Relief against defendant Joseph R. Biden, Jr., Miguel Cardona, U.S. Department of Education with receipt number AMOEDC-10538699, in the amount of $405 Non-Jury Demand,, filed by State of Ohio, State of Florida, State of Oklahoma, State of Arkansas, State of Georgia, State of Missouri, State of North Dakota. (Attachments: # (1) Civil Cover Sheet, # (2) Original Filing Form, # (3) Exhibit 1 -88 Fed. Reg. 43,820, # (4) Exhibit 2 - Lewis Decl., # (5) Exhibit 3 -Calhoun Decl., # (6) Exhibit 4 -Houser Decl., # (7) Exhibit 5 -Financial Statements and Schedule of Expenditures, # (8) Exhibit 6 -Higher Education Loan Authority, # (9) Exhibit 7 -CBO Letter, # (10) Exhibit 8 -CBO Cost Estimate)(Divine, Joshua) (Attachment 1 replaced on 4/9/2024 due to fillable PDF error) (JWD). Modified on 4/9/2024 (JWD).

1 Civil Cover Sheet

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2 Original Filing Form

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3 Exhibit 1 -88 Fed. Reg. 43,820

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4 Exhibit 2 - Lewis Decl.

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5 Exhibit 3 -Calhoun Decl.

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6 Exhibit 4 -Houser Decl.

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7 Exhibit 5 -Financial Statements and Schedule of Expenditures

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8 Exhibit 6 -Higher Education Loan Authority

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9 Exhibit 7 -CBO Letter

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10 Exhibit 8 -CBO Cost Estimate

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SUPPLEMENTAL re [1] Complaint,,, by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. (Attachments: # (1) Summons Cardona, # (2) Summons U.S. DOE, # (3) Summons U.S. Attorney -St. Louis, # (4) Summons U.S. Attorney - D.C.)(Divine, Joshua)

1 Summons Cardona

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2 Summons U.S. DOE

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3 Summons U.S. Attorney -St. Louis

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4 Summons U.S. Attorney - D.C.

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REASSIGNMENT ORDER (NMG). At the direction of the Court, the above-styled cause must be reassigned to another judge. Accordingly, this matter is reassigned to the Honorable John A. Ross, United States District Judge. (JWD)

ENTRY of Appearance by Stephen Michael Pezzi for Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Pezzi, Stephen)

ENTRY of Appearance by Simon Gregory Jerome for Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Jerome, Simon)

MOTION to Stay or in the alternative, MOTION for Temporary Restraining Order . A hearing is requested within the next 14 days at a date and time that is convenient for the Court by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. (Divine, Joshua)

MOTION to Stay or in the alternative, MOTION for Preliminary Injunction by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. (Divine, Joshua)

MOTION for Leave to File in Excess of Page Limitation by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. (Attachments: # (1) Brief in Support of Motions for Stay or, in the Alternative, a Temporary Restraining Order and Preliminary Injunction)(Divine, Joshua)

1 Brief in Support of Motions for Stay or, in the Alternative, a Temporary Restra

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ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to Exceed the Page Limit for the Memorandum in Support of their Motion to Stay or, in the Alternative, a Temporary Restraining Order and Preliminary Injunction is GRANTED. ECF No. [8]. The Clerk's Office shall detach the accompanying Memorandum (ECF No. 8-1) and separately file it. IT IS FURTHER ORDERED that the Parties shall meet and confer in good faith and, no later than April 22, 2024, file proposed scheduling plans for briefing the issues raised in Plaintiffs' Motion to Stay or, in the alternative, Motion for Temporary Restraining Order (ECF No. 6) and Plaintiffs' Motion to Stay or, in the alternative, Motion for Preliminary Injunction (ECF No. 7). (Joint Scheduling Plan due by 4/22/2024.) Signed by Sr. District Judge John A. Ross on 4/16/24. (JAB)

MEMORANDUM in Support of Motion re [6] MOTION to Stay or in the alternative MOTION for Temporary Restraining Order, [7] MOTION to Stay or in the alternative MOTION for Preliminary Injunction filed by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. (JAB)

ENTRY of Appearance by Nicholas J. Bronni for Plaintiff State of Arkansas. (Bronni, Nicholas)

ENTRY of Appearance by Dylan L. Jacobs for Plaintiff State of Arkansas. (Jacobs, Dylan)

SUMMONS Returned Executed filed by State of Missouri as to Miguel A. Cardona, United States Department of Education. (Attachments: # (1) Exhibit A -Affidavits of Process Server)(Divine, Joshua) Modified on 4/26/2024; removed answer deadlines-see doc #14 for correct answer deadlines (JAB).

SUMMONS Returned Executed filed by State of Missouri. Defendants Joseph R. Biden, Jr., Miguel A. Cardona, United States Department of Education served on 4/10/2024 through US Attorney, answers due 6/10/2024. (Attachments: # (1) Exhibit A -Postmarked Certified Mail Receipt)(Divine, Joshua) Modified on 4/26/2024; corrected defendants and answer deadlines (JAB).

1 Exhibit A -Postmarked Certified Mail Receipt

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PROPOSED SCHEDULE AND RESPONSE TO COURT ORDER re [9] Order,,, and Proposed Schedule by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Pezzi, Stephen) Modified on 4/22/2024 (CLT).

PROPOSED SCHEDULING ORDER and RESPONSE TO COURT ORDER re [9] Order,,, and Proposed Schedule by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. (Divine, Joshua) Modified on 4/22/2024 (CLT).

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that briefing on Plaintiffs' Motion to Stay or, in the alternative, Motion for Temporary Restraining Order (ECF No. 6), Plaintiffs' Motion to Stay or, in the alternative, a Preliminary Injunction (ECF No. 7), and Defendants' forthcoming motion to dismiss shall proceed as follows. 1. Defendants' combined Response to Plaintiffs Motion for a TRO and arguments in support of their motion to dismiss will be due no later than May 7, 2024. 2. Plaintiffs' combined Reply in Support of their Motion for a TRO and response to Defendants' motion to dismiss will be due no later than May 17, 2024. 3. Defendants' Reply in Support of its motion to dismiss will be due no later than May 27, 2024. IT IS FURTHER ORDERED that this matter is set for a hearing on Plaintiffs' Motion for a TRO and Defendants' motion to dismiss for June 3, 2024, at 10:00 a.m. in the Courtroom of the undersigned. At the hearing, each side will be permitted up to forty-five (45) minutes to present their arguments. (Motion Hearing set for 6/3/2024 10:00 AM in Courtroom 12N - St. Louis before Sr. District Judge John A. Ross.) Signed by Sr. District Judge John A. Ross on 4/23/24. (JAB)

SUMMONS Returned Executed filed by State of Missouri. Defendants Joseph R. Biden, Jr., Miguel A. Cardona, United States Department of Education served- US Attorney General. (Divine, Joshua) Modified on 4/26/2024;corrected defendants (JAB).

Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Pezzi, Stephen)

Docket Text ORDER: Re: [19] Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Pezzi, Stephen) ; ORDERED GRANTED. Signed by Sr. District Judge John A. Ross on 5/6/24. (JAB)

A Docket Text Order

MOTION to Dismiss Case for Lack of Subject-Matter Jurisdiction and for Improper Venue by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Pezzi, Stephen)

MEMORANDUM in Support of Motion re [21] MOTION to Dismiss Case for Lack of Subject-Matter Jurisdiction and for Improper Venue and Opposition to Plaintiffs' Motions for a Temporary Restraining Order and a Preliminary Injunction (Combined) filed by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Attachments: # (1) Ex. 1 - Schlichter Decl., # (2) Ex. 2 - Kvaal Decl., # (3) Ex. 3 - Letter from MOHELA to Dep't of Education, # (4) Ex. 4 - Response Letter from Dep't of Education to MOHELA, # (5) Ex. 5 - MOHELA Annual Disclosure Filing, # (6) Ex. 6 - MOHELA Financial Summary, # (7) Ex. 7 - MOHELA Investor Presentation)(Pezzi, Stephen)

1 Ex. 1 - Schlichter Decl.

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2 Ex. 2 - Kvaal Decl.

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3 Ex. 3 - Letter from MOHELA to Dep't of Education

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4 Ex. 4 - Response Letter from Dep't of Education to MOHELA

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5 Ex. 5 - MOHELA Annual Disclosure Filing

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6 Ex. 6 - MOHELA Financial Summary

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7 Ex. 7 - MOHELA Investor Presentation

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AFFIDAVIT of Process Server by Plaintiff State of Missouri. (Divine, Joshua)

MOTION for Leave to File in Excess of Page Limitation for the Memorandum in Opposition to the Motion to Dismiss and in Reply of their Motions for a Stay or, in the Alternative, a Temporary Restraining Order and Preliminary Injunction by Plaintiff State of Missouri. (Divine, Joshua)

A Docket Text Order

Docket Text ORDER: Re: [24] MOTION for Leave to File in Excess of Page Limitation for the Memorandum in Opposition to the Motion to Dismiss and in Reply of their Motions for a Stay or, in the Alternative, a Temporary Restraining Order and Preliminary Injunction by Plaintiff State of Missouri; ORDERED GRANTED. Signed by Sr. District Judge John A. Ross on 5/16/2024. (KXS)

REPLY to Response to Motion re [6] MOTION to Stay or in the alternative MOTION for Temporary Restraining Order . A hearing is requested within the next 14 days at a date and time that is convenient for the Court, [7] MOTION to Stay or in the alternative MOTION for Preliminary Injunction and Opposition to [22] Defendants' Motion to Dismiss filed by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. (Attachments: # (1) Affidavit Ex. 1 - Divine Decl., # (2) Affidavit Ex. 2 - Steinwand Decl.)(Divine, Joshua)

1 Affidavit Ex. 1 - Divine Decl.

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2 Affidavit Ex. 2 - Steinwand Decl.

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MOTION for Leave to File Supplemental Authority by Plaintiff State of Missouri. (Divine, Joshua)

ORDER IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to File Supplemental Authority is GRANTED. ECF No. [27]. Signed by Sr. District Judge John A. Ross on 5/23/2024. (KXS)

REPLY to Response to Motion re [21] MOTION to Dismiss Case for Lack of Subject-Matter Jurisdiction and for Improper Venue filed by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Attachments: # (1) Exhibit Ex. 1 - Proposed Contract Modification)(Jerome, Simon)

1 Exhibit Ex. 1 - Proposed Contract Modification

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ORDER: The hearing on Plaintiffs' Motion to Stay or, in the alternative, a Temporary Restraining Order (ECF No. 6), Plaintiffs' Motion to Stay or, in the alternative, a Preliminary Injunction (ECF No. 7), and Defendants' Motion to Dismiss (ECF No. 21) is scheduled for an in-person hearing on June 3, 2024, at 10:00 a.m. in the Courtroom of the undersigned.Counsel who cannot be present in person and members of the general public who wish to listen to the hearing are directed to call the telephone conference line at 1-877-810-9415. The access code to enter the conference is 7519116. Non-participants must remain muted throughout the entire proceedings. Per Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited in any courtroom, and in areas adjacent to any courtroom, except when authorized by the presiding judge. This includes proceedings ordered by the Court to be conducted by phone or video. Signed by Sr. District Judge John A. Ross on 5/30/24. (JAB)

ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Sr. District Judge John A. Ross: Motion Hearing held on 6/3/2024 re Plaintiffs' Motion to Stay or, in the alternative, a Temporary Restraining Order (ECF No. [6]), Plaintiffs' Motion to Stay or, in the alternative, a Preliminary Injunction (ECF No. [7]), and Defendants' Motion to Dismiss (ECF No. [21]). Arguments heard. Matter taken under submission. (Court Reporter:Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985) (proceedings started: 10:00 am) (proceedings ended: 11:39 am) (Deputy Clerk: J.Bernsen)(Appearance for Plaintiffs: Joshua Divine)(Appearance for Defendants: Stephen Pezzi, Simon Jermone) (JAB)

Motion Hearing

Consent MOTION for Leave to File Notice of Supplemental Authority by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Attachments: # (1) Proposed Notice of Supplemental Authority re Kansas v. Biden, No. 24-cv-1057, ECF No. 68, 2024 WL 2880404 (D. Kan. June 7, 2024))(Pezzi, Stephen)

1 Proposed Notice of Supplemental Authority re Kansas v. Biden, No. 24-cv-1057, E

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ORDER: IT IS HEREBY ORDERED that Defendants' Consent Motion for Leave to File Supplemental Authority is GRANTED. ECF No. [32]. IT IS FURTHER ORDERED that the Clerk of Court shall detach and separately file Defendants' Notice of Supplemental Authority. Signed by Sr. District Judge John A. Ross on 6/10/2024. (LNJ)

NOTICE of Supplemental Authority re [21] MOTION to Dismiss Case for Lack of Subject-Matter Jurisdiction and for Improper Venue by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (LNJ)

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Stay or, in the alternative, a Preliminary Injunction (ECF No. [7]) is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Plaintiffs' Motion to Stay or, in the alternative, Motion for Temporary Restraining Order (ECF No. [6]) is DENIED as moot. IT IS FURTHER ORDERED that Defendants are preliminarily enjoined from any further loan forgiveness for borrowers under the Final Rule's SAVE plan until such time as this Court can decide the case on the merits.IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (ECF No. [21]) is DENIED. Signed by Sr. District Judge John A. Ross on 6/24/24. (JAB)

PRELIMINARY INJUNCTION: IT IS HEREBY ORDERED that Defendants are preliminarily enjoined from any further loan forgiveness for borrowers under the Final Rule's SAVE plan until such time as this Court can decide the case on the merits. IT IS FURTHER ORDERED that the Court will issue a separate Scheduling Order. Signed by Sr. District Judge John A. Ross on 6/24/2024. (LNJ)

NOTICE OF INTERLOCUTORY APPEAL as to [36] Preliminary Injunction, [35] Memorandum & Order,, by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education.

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding [36] Preliminary Injunction, [35] Memorandum & Order,,. Notice of Appeal filed on 6/27/2024 by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JBH)

Initial Notification from USCA for [37] Notice of Interlocutory Appeal filed by Joseph R. Biden, Jr., Miguel A. Cardona, United States Department of Education. USCA Appeal Number: 24-2332. (JAB)

Briefing Schedule from USCA for [37] Notice of Interlocutory Appeal filed by Joseph R. Biden, Jr., Miguel A. Cardona, United States Department of Education. USCA Appeal Number: 24-332. Transcript due: 8/6/24 (See attached document for all other deadlines.)(JAB)

MOTION to Stay or for Injunction Pending Appeal by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. (Divine, Joshua)

NOTICE OF CROSS APPEAL as to [36] Preliminary Injunction, [35] Memorandum & Order,, by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. Filing fee $ 605, receipt number AMOEDC-10685709.

NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding [36] Preliminary Injunction, [35] Memorandum & Order,,. Notice of Appeal filed on 6/28/2024 by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JBH)

NOTICE of Compliance: by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education re [36] Preliminary Injunction, (Pezzi, Stephen)

ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Injunction Pending Appeal or, in the alternative, Temporary Administrative Stay of Agency Action (ECF No. [41]) is DENIED. Signed by Sr. District Judge John A. Ross on 6/28/24. (JAB)

Initial Notification from USCA for [42] Notice of Cross Appeal, filed by State of Oklahoma, State of Ohio, State of North Dakota, State of Arkansas, State of Missouri, State of Georgia, State of Florida. USCA Appeal Number: 24-2351.(JAB)

Briefing Schedule from USCA for [42] Notice of Cross Appeal, filed by State of Oklahoma, State of Ohio, State of North Dakota, State of Arkansas, State of Missouri, State of Georgia, State of Florida. USCA Appeal Number: 24-2351 Transcript due: 8/6/24 (See attached document for all other deadlines.)(JAB)

MOTION to Clarify [36] Preliminary Injunction, by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. (Divine, Joshua)

ORDER: IT IS HEREBY ORDERED that Defendants shall file any response to Plaintiffs' Motion to Clarify the Preliminary Injunction no later than July 8, 2024. (Response to Court due by 7/8/2024.) Signed by Sr. District Judge John A. Ross on 7/1/2024. (LNJ)

Unopposed MOTION for Relief from the Obligation to File an Answer by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Jerome, Simon)

ORDER: IT IS HEREBY ORDERED that Defendants' Motion for Leave from the Obligation to File an Answer (ECF No. [50]) is GRANTED in part and DENIED in part. The Court will stay Defendants' obligation to file an Answer until resolution of the Parties' dispositive motions. Signed by Sr. District Judge John A. Ross on 7/3/24. (JAB) Main document replaced on 7/3/2024 due to clerk filing error. (JAB).

RESPONSE to Motion re [48] MOTION to Clarify [36] Preliminary Injunction, filed by Defendants Joseph R. Biden, Jr, Miguel A. Cardona, United States Department of Education. (Pezzi, Stephen)

REPLY to Response to Motion re [48] MOTION to Clarify [36] Preliminary Injunction, filed by Plaintiffs State of Arkansas, State of Florida, State of Georgia, State of Missouri, State of North Dakota, State of Ohio, State of Oklahoma. (Divine, Joshua)

ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Clarification of the Preliminary Injunction (ECF No. [48]) is DENIED. Signed by Sr. District Judge John A. Ross on 07/10/2024. (ANR)

TRANSCRIPT of [31] (MOTION HEARING) held on June 3, 2024 before Judge Ross. Court Reporter/Transcriber Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985. 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 8/6/2024. Redacted Transcript Deadline set for 8/16/2024. Release of Transcript Restriction set for 10/15/2024. (KXS)

ORDER of USCA: Appellants' emergency motion for an administrative stay prohibiting the appellees from implementing or acting pursuant to the Final Rule until this Court rules on the appellants' motion for an injunction pending appeal is granted. USCA Appeal #: 24-2332. (JAB)

OPINION from USCA re [37] Notice of Interlocutory Appeal, [42] Notice of Cross Appeal. USCA Appeal #: 24-2332, 24-2351. The Government is, for any borrower whose loans are governed in whole or in part by the terms of the Improving Income Driven Repayment for the William D.Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL)Program, 88 Fed. Reg. 43820, enjoined from any further forgiveness of principal or interest, from not charging borrowers accrued interest, and from furtherimplementing SAVE's payment-threshold provisions. This injunction will remain in effect until further order of this court or the Supreme Court of the United States. The administrative stay is hereby superseded.(JAB)

ORDER of USCA: The unopposed motion to expedite is granted in part. The proposed briefing schedule is adopted. The second brief will be due September 18, 2024; the third brief will be due October 2, 2024; and the fourth brief will be due October 15, 2024. The clerk is directed to set this case for oral argument at 1:00 p.m. on Thursday, October 24, 2024, in St. Paul, Minnesota. The parties will be allotted 15 minutes per side for argument. USCA Appeal #: 24-2332. (JAB)

ORDER of USCA: The motion for extension of time to file brief is granted. The second brief will be due September 20, 2024; the third brief will be due October 4, 2024; and the fourth brief will be due October 17, 2024. USCA Appeal #: 24-2332. (JAB) (Entered: 09/10/2024)

MOTION to Withdraw as Attorney re attorney/firm Nicholas J. Bronni by Plaintiff State of Arkansas. (Bronni, Nicholas) (Entered: 12/31/2024)

A Docket Text Order

Docket Text ORDER: Re: 60 MOTION to Withdraw as Attorney re attorney/firm Nicholas J. Bronni by Plaintiff State of Arkansas; ORDERED GRANTED. Signed by Sr. District Judge John A. Ross on 12/31/2024. (TLR) (Entered: 12/31/2024)

MOTION to Substitute Attorney/Law Firm ;attorney or firm Christine Pratt ;substituted for:James H. Percival by Plaintiff State of Florida. (Pratt, Christine) (Entered: 01/24/2025)

A Docket Text Order

Docket Text ORDER: Re: 62 MOTION to Substitute Attorney/Law Firm ;attorney or firm Christine Pratt ;substituted for:James H. Percival by Plaintiff State of Florida; ORDERED GRANTED. Signed by Sr. District Judge John A. Ross on 1/24/2025. (TLR) (Entered: 01/24/2025)

ENTRY of Appearance by Allen L. Huang for Plaintiff State of Florida. (Huang, Allen) (Entered: 02/06/2025)

USCA JUDGMENT. After consideration, it is hereby ordered and adjudged that the district court's entry of a preliminary injunction is affirmed, and the case is remanded for further proceedings and with instructions to modify the preliminary injunction to enjoin the entire SAVE Rule as well as the hybrid rule in accordance with the opinion. This is a preliminary judgment and/or opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals.(TLR) (Entered: 02/18/2025)

OPINION from USCA re 37 Notice of Interlocutory Appeal, 42 Notice of Cross Appeal, USCA Appeal #: 24-2332 & 24-2351 In sum, we affirm the district court's entry of a preliminary injunction and remand for further proceedings and with instructions to modify the preliminary injunction to enjoin the entire SAVE Rule as well as the hybrid rule. The injunction pending appeal imposed by our order of August 9, 2024, will dissolve upon the district court's modification of its injunction. (TLR) (Entered: 02/18/2025)