Case: Association of American Universities v. Department of Health & Human Services

1:25-cv-10346 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 10, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the Trump Administration's policy change slashing indirect cost reimbursements for projects funded by the National Institutes of Health. On February 10, 2025, the Association of American Universities (AAU), American Council on Education (ACE), Association of Public and Land-Grant Universities (APLU), and thirteen universities (listed at the end of this summary) filed this lawsuit in the U.S. District Court for the District of Massachusetts against the Department of Health a…

This case challenges the Trump Administration's policy change slashing indirect cost reimbursements for projects funded by the National Institutes of Health.

On February 10, 2025, the Association of American Universities (AAU), American Council on Education (ACE), Association of Public and Land-Grant Universities (APLU), and thirteen universities (listed at the end of this summary) filed this lawsuit in the U.S. District Court for the District of Massachusetts against the Department of Health and Human Services (HHS), and the National Institutes of Health (NIH). The plaintiffs sought injunctive and declaratory relief, claiming that NIH violated the Administrative Procedure Act, the Further Consolidated Appropriations Act, the Public Health Service Act, the Appropriations Clause, and Congressional appropriation restrictions when it cut funding for research institutions.

The dispute arose from an NIH policy issued on February 7, 2025, under Notice Number NOT-OD-25-068, “Supplemental Guidance to the 2024 NIH Grant Policy Statement: Indirect Cost Rates,” which capped indirect cost rates for NIH research grants at 15%. Historically, indirect costs—covering essential research expenses such as laboratory maintenance, research compliance, and IT infrastructure—were negotiated individually between institutions and the federal government. The lawsuit contended that this policy shift would have catastrophic financial consequences for universities. Institutions like MIT, Johns Hopkins, the University of Chicago, and the University of California system—which receive billions in NIH funding—argued they would lose hundreds of millions in reimbursements annually. Smaller institutions warned that the change could force them to halt research programs entirely, eliminating jobs and cutting off funding for critical medical advancements.

The plaintiffs claimed that NIH’s unilateral decision violated the Administrative Procedure Act (APA) because it was contrary to law, arbitrary and capricious, in excess of statutory authority due to its retroactive effect, and noncompliant with required procedures. They also argued the decision violated the Appropriations Clause, the Public Health Service Act, and long-standing congressional appropriations restrictions, which had explicitly prohibited NIH from modifying indirect cost structures since 2018. They sought a declaratory judgment invalidating the Guidance, as well as a preliminary and permanent injunction prohibiting the implementation or enforcement of the Guidance.

The case was assigned to Judge Angel Kelley, who also presided over two similar cases challenging the Rate Change Notice: Commonwealth of Massachusetts v. National Institutes of Health and Association of American Medical Colleges v. National Institutes of Health. On Feb. 10, the Plaintiffs filed an emergency motion for a temporary restraining order, which Judge Angel Kelley denied as Moot on February 11 due to the TRO orders granted in the other cases having the same effect. The other TROs granted enjoined the Defendants from taking any steps to implement, apply, or enforce the Rate Change Notice until the Court issued a further order. After a hearing on February 21, 2025, the court extended the TRO pending a further ruling. 

That ruling came on March 5, 2025, when Judge Kelly granted a preliminary injunction. 770 F.Supp.3d 277. Judge Kelly found that the policy change was illegal in multiple ways. First, Judge Kelly found that the Rate Change Notice violated the plain language of the regulations regarding the administration of indirect costs by failing to provide a "documented justification" for the change and by failing to comply with the step-by-step process mandated by the regulations. Second, Judge Kelly found that the Rate Change Notice violated the Section 224 Rider adopted by Congress in 2018. "Congress intended the rider to prevent the Administration from implementing the proposed 10% cap as violative of the provisions of the [regulations]." Third, the court found the Rate Change Notice was arbitrary and capricious under the APA, since its reasons were "both conclusory and fail[ed] to grapple with the necessary factors, facts, and pertinent aspects of the problem demanded by the change from the existing ICR negotiation process." Finally, the court found that the notice failed to follow notice-and-comment rulemaking as required by the APA and was impermissibly retroactive. For these reasons, the court found that the plaintiffs were likely to succeed on their claim that the Rate Change Notice was unlawful. 

On April 4, the defendants filed an assented-to motion to convert the preliminary injunction into a permanent injunction and file a final judgment. They argued there were no additional facts or legal questions to consider. The Court granted the motion on the same day. 2025 WL 1063760.

On April 8, the defendants filed a notice of appeal in the U.S. Court of Appeals for the First Circuit. The appeal was argued on November 5, 2025. The appellate court issued its ruling on January 5, 2026, affirming the district court's exercise of subject matter jurisdiction and its conclusion that the NIH's attempt to impose the 15% indirect cost reimbursement rate violated the congressionally enacted appropriations rider and HHS regulations. As to jurisdiction, the appellate court cited the distinction between challenges to agency-wide policies, which are properly brought in district court, and challenges to withholding of contractually awarded funds resulting from those policies, which must be brought in the Court of Federal Claims. Here, it explained, the plaintiffs did not challenge any withholding of funds promised under grant agreements but rather agency-wide guidance that affected current and future grants, and, therefore, the lawsuit was properly in brought in the district court.  As to the merits, the appellate court reasoned that Congress had made clear in the that NIH could not displace negotiated indirect cost reimbursement rates with a uniform rate, and that the Supplemental Guidance violated the congressionally enacted appropriations rider as well as HHS regulations. It therefore affirmed the injunction on enforcement of and vacatur of the Supplemental Guidance. 2026 WL 26059. 

Summary Authors

Jillian Snyman (2/18/2025)

Jeremiah Price (7/15/2025)

Muhammad Hammad Amin (12/10/2025)

Maddy Ligon (1/6/2026)

Related Cases

Commonwealth of Massachusetts v. National Institutes of Health, District of Massachusetts (2025)

Association of American Medical Colleges v. National Institutes of Health, District of Massachusetts (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69627688/parties/association-of-american-universities-v-department-of-health-human/


Judge(s)
Attorney for Plaintiff

Bhabha, Ishan (Massachusetts)

Attorney for Defendant
Expert/Monitor/Master/Other

Anderson, Kristyn

Bayer, Megan B.

Beath, Patrick

Berman, Steve W.

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-10346

Complaint

Feb. 10, 2025

Feb. 10, 2025

Complaint
2

1:25-cv-10346

Motion for Temporary Restraining Order

Association of American Universities v. Department of Health and Human Services

Feb. 10, 2025

Feb. 10, 2025

Pleading / Motion / Brief
2

1:25-cv-10346

Motion for Temporary Restraining Order

Feb. 10, 2025

Feb. 10, 2025

Pleading / Motion / Brief
16

1:25-cv-10346

Memorandum in Support of Plaintiffs' Emergency Motion for a Temporary Restraining Order

Association of American Universities v. Department of Health and Human Services

Feb. 11, 2025

Feb. 11, 2025

Pleading / Motion / Brief
74

1:25-cv-10346

Defendants’ Opposition to Motions for Temporary Restraining Order

Feb. 14, 2025

Feb. 14, 2025

Pleading / Motion / Brief
95

1:25-cv-10346

Memorandum and Order on Motion for Preliminary Injunction

March 5, 2025

March 5, 2025

Order/Opinion

770 F.Supp.3d 277

100

1:25-cv-10346

Final Judgment and Permanent Injunction

Commonwealth of Massachusetts v. National Institutes of Health

April 4, 2025

April 4, 2025

Order/Opinion

2025 WL 1063760

96

1:25-cv-10346

Defendants' Assented-To Motion to Convert Order on Preliminary Injunction into Order on Permanent Injunction and Enter Final Judgment

Commonwealth of Massachusetts v. National Institutes of Health

April 4, 2025

April 4, 2025

Pleading / Motion / Brief
101

1:25-cv-10346

Notice of Appeal

April 8, 2025

April 8, 2025

Other
108386610

25-01345

Appeals from the United States District Court for the District of Massachussetts

Association of American Universities et al. v. Department of Health and Human Services et al.

U.S. Court of Appeals for the First Circuit

Jan. 5, 2026

Jan. 5, 2026

Order/Opinion

2026 WL 26059

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69627688/association-of-american-universities-v-department-of-health-human/

Last updated Sept. 2, 2026, 4:30 a.m.

Docket for: Association of American Universities v. Department of Health & Human Services
ECF Number Date Description Link
1 Feb. 10, 2025

COMPLAINT against Department of Health & Human Services, Dorothy A Fink, Matthew J Memoli, National Institutes of Health Filing fee: $ 405, receipt number AMADC-10833852 (Fee Status: Filing Fee paid), filed by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Summons - Department of Health & Human Services, # 4 Summons - Dorothy A. Fink, M.D., # 5 Summons - Matthew J. Memoli M.D., M.S., # 6 Summons - National Institute of Health)(Pillay, Shoba) (Entered: 02/10/2025)

1 Category Form

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2 Civil Cover Sheet

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3 Summons - Department of Health & Human Services

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4 Summons - Dorothy A. Fink, M.D.

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5 Summons - Matthew J. Memoli M.D., M.S.

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6 Summons - National Institute of Health

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Clearinghouse
2 Feb. 10, 2025

MOTION for Temporary Restraining Order by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32)(Pillay, Shoba) (Entered: 02/10/2025)

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2 Exhibit 1

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3 Exhibit 3

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25 Exhibit 25

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26 Exhibit 26

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27 Exhibit 27

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28 Exhibit 28

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30 Exhibit 30

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31 Exhibit 31

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32 Exhibit 32

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Clearinghouse
3 Feb. 10, 2025

MOTION for Leave to File Memorandum Exceeding Twenty Pages by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
4 Feb. 10, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Ishan K. Bhabha Filing fee: $ 125, receipt number AMADC-10833875 by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
5 Feb. 10, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Paul D. Clement Filing fee: $ 125, receipt number AMADC-10833878 by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
6 Feb. 10, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Lindsay Harrison Filing fee: $ 125, receipt number AMADC-10833880 by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
7 Feb. 10, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Erin E. Murphy Filing fee: $ 125, receipt number AMADC-10833884 by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
8 Feb. 10, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of James Y. Xi Filing fee: $ 125, receipt number AMADC-10833885 by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
9 Feb. 10, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Kyle R. Eiswald Filing fee: $ 125, receipt number AMADC-10833887 by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
10 Feb. 10, 2025

Amended MOTION for Leave to Appear Pro Hac Vice for admission of Erin E. Murphy re 7 MOTION for Leave to Appear Pro Hac Vice for admission of Erin E. Murphy Filing fee: $ 125, receipt number AMADC-10833884 by Association of American Universities, American Council on Education, Association of Public and Land-grant Universities.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
11 Feb. 10, 2025

Amended MOTION for Leave to Appear Pro Hac Vice for admission of James Y. Xi re 8 MOTION for Leave to Appear Pro Hac Vice for admission of James Y. Xi Filing fee: $ 125, receipt number AMADC-10833885 by Association of American Universities, American Council on Education, Association of Public and Land-grant Universities.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
12 Feb. 10, 2025

Amended MOTION for Leave to Appear Pro Hac Vice for admission of Kyle R. Eiswald re 9 MOTION for Leave to Appear Pro Hac Vice for admission of Kyle R. Eiswald Filing fee: $ 125, receipt number AMADC-10833887 by Association of American Universities, American Council on Education, Association of Public and Land-grant Universities.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
13 Feb. 10, 2025

Amended MOTION for Leave to Appear Pro Hac Vice for admission of Paul D. Clement re 5 MOTION for Leave to Appear Pro Hac Vice for admission of Paul D. Clement Filing fee: $ 125, receipt number AMADC-10833878 by Association of American Universities, American Council on Education, Association of Public and Land-grant Universities.(Pillay, Shoba) (Entered: 02/10/2025)

RECAP
14 Feb. 10, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (RN) (Entered: 02/10/2025)

RECAP
15 Feb. 10, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 3 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MAL) (Entered: 02/10/2025)

RECAP
Feb. 10, 2025

Order on Motion for Leave to File Document

Feb. 10, 2025

Notice of Case Assignment

16 Feb. 11, 2025

MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order filed by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University. (Pillay, Shoba) (Entered: 02/11/2025)

Clearinghouse
17 Feb. 11, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 4 Motion for Leave to Appear Pro Hac Vice Added Ishan K. Bhabha. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (NMC) (Entered: 02/11/2025)

RECAP
18 Feb. 11, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 5 Motion for Leave to Appear Pro Hac Vice Added Paul D. Clement. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/11/2025)

RECAP
19 Feb. 11, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 6 Motion for Leave to Appear Pro Hac Vice Added Lindsay Harrison. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/11/2025)

RECAP
20 Feb. 11, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 7 Motion for Leave to Appear Pro Hac Vice Added Erin E. Murphy. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/11/2025)

RECAP
21 Feb. 11, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 8 Motion for Leave to Appear Pro Hac Vice Added James Y. Xi. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/11/2025)

RECAP
22 Feb. 11, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 9 Motion for Leave to Appear Pro Hac Vice Added Kyle R. Eiswald. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/11/2025)

RECAP
23 Feb. 11, 2025

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 02/11/2025)

RECAP
24 Feb. 11, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth Henthorne Filing fee: $ 125, receipt number AMADC-10836115 by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/11/2025)

RECAP
25 Feb. 11, 2025

NOTICE of Appearance by Lindsay C. Harrison on behalf of The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University (Harrison, Lindsay) (Entered: 02/11/2025)

RECAP
26 Feb. 11, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Adam G. Unikowsky Filing fee: $ 125, receipt number AMADC-10836152 by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/11/2025)

RECAP
27 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by Association of American Universities. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
28 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by American Council on Education. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
29 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by Association of Public and Land-grant Universities. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
30 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by Brandeis University. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
31 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by Brown University. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
32 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by The California Instiitute of Technology. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
33 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by Carnegie Mellon University. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
34 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by Cornell University. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
35 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by The George Washington University. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
36 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by Johns Hopkins University. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
37 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by Massachusetts Institute of Technology. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
38 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by Trustees of the University of Pennsylvania. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
39 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by University of Rochester. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
40 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by Trustees of Tufts College. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
41 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by The Regents of the University of California. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
42 Feb. 11, 2025

CORPORATE DISCLOSURE STATEMENT by The University of Chicago. (Pillay, Shoba) (Entered: 02/11/2025)

RECAP
43 Feb. 11, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Lauren J. Hartz Filing fee: $ 125, receipt number AMADC-10836229 by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/11/2025)

RECAP
44 Feb. 11, 2025

District Judge Angel Kelley: ORDER TO SHOW CAUSE entered. Plaintiff Colleges and Universities shall show cause by Thursday, February 13, 2025 at 12:00 PM EST why this case should not be returned to the Clerk for random assignment for further proceedings. (MAL) (Entered: 02/11/2025)

RECAP
45 Feb. 11, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered DENYING AS MOOT [2] Motion for Temporary Restraining Order. See Association of American Medical Colleges et al v. National Institutes of Health et al, No. 25-cv-10340 (D. Mass. Feb. 10, 2025) (hereinafter “AAMC”); [Dkt. 8]. Nevertheless, Defendants’ opposition to the request for injunctive relief is due by Friday, February 14, 2025. Plaintiffs may file a reply brief, limited to ten pages in length, by Tuesday, February 18, 2025. Counsel for all shall appear in-person for a hearing on Friday, February 21, 2025, at a time to be later determined by the Court. (Entered: 02/11/2025)

RECAP
Feb. 11, 2025

Order on Motion for Leave to Appear

Feb. 11, 2025

Order on Motion for TRO

46 Feb. 12, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 24 Motion for Leave to Appear Pro Hac Vice Added Elizabeth Henthorne. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/12/2025)

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47 Feb. 12, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 26 Motion for Leave to Appear Pro Hac Vice Added Adam G. Unikowsky. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/12/2025)

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48 Feb. 12, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 43 Motion for Leave to Appear Pro Hac Vice Added Lauren J. Hartz. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/12/2025)

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49 Feb. 12, 2025

NOTICE of Appearance by Paul D Clement on behalf of Association of American Universities, American Council on Education, Association of Public and Land-grant Universities (Clement, Paul) (Entered: 02/12/2025)

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50 Feb. 12, 2025

NOTICE of Appearance by Erin E. Murphy on behalf of Association of American Universities, American Council on Education, Association of Public and Land-grant Universities (Murphy, Erin) (Entered: 02/12/2025)

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51 Feb. 12, 2025

NOTICE of Appearance by James Xi on behalf of Association of American Universities, American Council on Education, Association of Public and Land-grant Universities (Xi, James) (Entered: 02/12/2025)

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52 Feb. 12, 2025

NOTICE of Appearance by Kyle Raymond Eiswald on behalf of Association of American Universities, American Council on Education, Association of Public and Land-grant Universities (Eiswald, Kyle) (Entered: 02/12/2025)

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53 Feb. 12, 2025

NOTICE of Appearance by Adam G. Unikowsky on behalf of The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University (Unikowsky, Adam) (Entered: 02/12/2025)

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54 Feb. 12, 2025

NOTICE of Appearance by Lauren J. Hartz on behalf of The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University (Hartz, Lauren) (Entered: 02/12/2025)

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55 Feb. 12, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered FINDING AS MOOT 10 Amended MOTION for Leave to Appear Pro Hac Vice for admission of Erin E. Murphy. ORIGINAL MOTION 7 WAS GRANTED AND ATTORNEY IS LINKED TO CORRECT PARTIES (CEH) (Entered: 02/12/2025)

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56 Feb. 12, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered FINDING AS MOOT 11 Amended MOTION for Leave to Appear Pro Hac Vice for admission of James Y. Xi. ORIGINAL MOTION 8 WAS GRANTED AND ATTORNEY IS LINKED TO CORRECT PARTIES (CEH) (Entered: 02/12/2025)

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57 Feb. 12, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered FINDING AS MOOT 12 Amended MOTION for Leave to Appear Pro Hac Vice for admission of Kyle R. Eiswald. ORIGINAL MOTION 9 WAS GRANTED AND ATTORNEY IS LINKED TO CORRECT PARTIES (CEH) (Entered: 02/12/2025)

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58 Feb. 12, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered FINDING AS MOOT 13 Amended MOTION for Leave to Appear Pro Hac Vice for admission of Paul D. Clement. ORIGINAL MOTION 5 WAS GRANTED AND ATTORNEY IS LINKED TO CORRECT PARTIES (CEH) (Entered: 02/12/2025)

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59 Feb. 12, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Zachary C. Schauf Filing fee: $ 125, receipt number AMADC-10837408 by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Pillay, Shoba) (Entered: 02/12/2025)

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60 Feb. 12, 2025

RESPONSE TO ORDER TO SHOW CAUSE by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University. (Clement, Paul) (Entered: 02/12/2025)

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61 Feb. 12, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 59 Motion for Leave to Appear Pro Hac Vice Added Zachary C. Schauf. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/12/2025)

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62 Feb. 12, 2025

NOTICE of Appearance by Marcus S Sacks on behalf of Department of Health & Human Services, National Institutes of Health, Dorothy A Fink, Matthew J Memoli (Sacks, Marcus) (Entered: 02/12/2025)

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63 Feb. 12, 2025

NOTICE of Appearance by Ishan Bhabha on behalf of The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University (Bhabha, Ishan) (Entered: 02/12/2025)

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Feb. 12, 2025

Order on Motion for Leave to Appear

Feb. 12, 2025

Order on Motion for Miscellaneous Relief

64 Feb. 13, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. After review of the 60 Response to Order to Show Cause filed by the Plaintiffs, the Court DISCHARGES the 44 Order to Show Cause and determines that the two cases are related for the purpose of Local Rule 40.1(g). The Court notes: (1) this case and the Commonwealth case arise out of the same occurrence; (2) the injunctive relief sought in this case requires many of the same factual determinations as the Commonwealth case; and (3) random reassignment of this case poses a risk of Defendants becoming subject to conflicting court orders regarding Plaintiffs here, many of whose members are located in states that are plaintiffs in the Commonwealth case. (MAL) (Entered: 02/13/2025)

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65 Feb. 13, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. The Court directs counsel in all three actions to coordinate and submit a joint statement, to include proposed speakers and time limits for argument at the February 21, 2025 motion hearing, no later than 12:00 P.M. on February 19, 2025. The Court will issue its order as to the argument schedule on February 20, 2025. The joint statement should be filed in all three matters.The Court further directs Defendants to submit a single, consolidated opposition to the Motion for a Temporary Restraining Order. The single opposition should be filed in all three matters.Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK. (MAL) (Entered: 02/13/2025)

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Feb. 13, 2025

Order

66 Feb. 14, 2025

Assented to MOTION for Leave to File Excess Pages by Department of Health & Human Services, National Institutes of Health, Dorothy A Fink, Matthew J Memoli.(Sacks, Marcus) (Entered: 02/14/2025)

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67 Feb. 14, 2025

NOTICE of Appearance by Elizabeth Lynn Henthorne on behalf of The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University (Henthorne, Elizabeth) (Entered: 02/14/2025)

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68 Feb. 14, 2025

NOTICE of Appearance by Zachary C. Schauf on behalf of The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University (Schauf, Zachary) (Entered: 02/14/2025)

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69 Feb. 14, 2025

NOTICE of Appearance by Kevin VanLandingham on behalf of Department of Health & Human Services, National Institutes of Health, Dorothy A Fink, Matthew J Memoli (VanLandingham, Kevin) (Entered: 02/14/2025)

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70 Feb. 14, 2025

NOTICE of Appearance by Brian Lea on behalf of Department of Health & Human Services, National Institutes of Health, Dorothy A Fink, Matthew J Memoli (Lea, Brian) (Entered: 02/14/2025)

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71 Feb. 14, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 66 Motion for Leave to File Excess Pages. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CEH) (Entered: 02/14/2025)

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72 Feb. 14, 2025

NOTICE of Appearance by Thomas Ports, Jr on behalf of Department of Health & Human Services, National Institutes of Health, Dorothy A Fink, Matthew J Memoli (Ports, Thomas) (Entered: 02/14/2025)

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73 Feb. 14, 2025

MOTION for Extension of Time to Feb. 14, 2025 to File Consolidated Opposition Brief by Department of Health & Human Services, National Institutes of Health, Dorothy A Fink, Matthew J Memoli.(VanLandingham, Kevin) (Entered: 02/14/2025)

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74 Feb. 14, 2025

Opposition re 2 MOTION for Temporary Restraining Order filed by Department of Health & Human Services, National Institutes of Health, Dorothy A Fink, Matthew J Memoli. (Attachments: # 1 Bundesen Decl.)(VanLandingham, Kevin) (Entered: 02/14/2025)

1 Bundesen Decl.

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Clearinghouse
Feb. 14, 2025

Order on Motion for Leave to File Excess Pages

75 Feb. 15, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 73 Motion for Extension of Time to File. (MAL) (Entered: 02/15/2025)

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Feb. 15, 2025

Order on Motion for Extension of Time to File

76 Feb. 17, 2025

MOTION for Leave to File a Single, Consolidated Reply Brief by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University.(Clement, Paul) (Entered: 02/17/2025)

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77 Feb. 18, 2025

Opposition re 76 MOTION for Leave to File a Single, Consolidated Reply Brief filed by Department of Health & Human Services, National Institutes of Health, Dorothy A Fink, Matthew J Memoli. (Ports, Thomas) (Entered: 02/18/2025)

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78 Feb. 18, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. As the Court sees little difference between three ten-page briefs and one, consolidated thirty-page brief, Plaintiffs' request to file a single, consolidated reply brief of thirty (30) pages is GRANTED.The above resolves the motions filed at: 25-cv-10338-AK [Dkt. 75], 25-cv-10340-AK [Dkt. 32], and 25-cv-10346-AK [Dkt. 76].Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/18/2025)

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79 Feb. 18, 2025

MOTION for Leave to File Memorandum of Law as Amicus Curiae in Support of Plaintiffs' Motion for A Temporary Restraining Order by Massachusetts Biotechnology Council, Inc..(Gold, Eric) (Entered: 02/18/2025)

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80 Feb. 18, 2025

REPLY to Response to 2 MOTION for Temporary Restraining Order filed by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University. (Attachments: # 1 Exhibit Ex.1, # 2 Exhibit Ex.2, # 3 Exhibit Ex.3, # 4 Exhibit Ex.4, # 5 Exhibit Ex.5, # 6 Exhibit Ex.6)(Clement, Paul) (Entered: 02/18/2025)

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81 Feb. 18, 2025

Amended REPLY to Response to 2 MOTION for Temporary Restraining Order filed by The George Washington University, Johns Hopkins University, Massachusetts Institute of Technology, Trustees of the University of Pennsylvania, University of Rochester, Trustees of Tufts College, Association of American Universities, The California Instiitute of Technology, American Council on Education, Association of Public and Land-grant Universities, Brandeis University, Brown University, The Regents of the University of California, Carnegie Mellon University, The University of Chicago, Cornell University. (Attachments: # 1 Exhibit Declaration of Erin J. Adams, # 2 Exhibit Declaration of Jennifer Lodge, # 3 Exhibit Declaration of Robert H. Miller, PhD, # 4 Exhibit Declaration of Dr. Douglas A. Girod, M.D., # 5 Exhibit Declaration of Shashank Priya, # 6 Exhibit Declaration of Eric J. Perreault)(Clement, Paul) (Entered: 02/18/2025)

1 Exhibit Declaration of Erin J. Adams

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2 Exhibit Declaration of Jennifer Lodge

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3 Exhibit Declaration of Robert H. Miller, PhD

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4 Exhibit Declaration of Dr. Douglas A. Girod, M.D.

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5 Exhibit Declaration of Shashank Priya

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6 Exhibit Declaration of Eric J. Perreault

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82 Feb. 18, 2025

ELECTRONIC NOTICE Setting Hearing on Emergency MOTION for Temporary Restraining Order (Dkt. 4 in 1:25-cv-10338-AK); (Dkt. 5 in 1:25-cv-10340-AK); and (Dkt. 2 in 1:25-cv-10346-AK). Audio access to the hearing will be available to the media and public (max. 1000 participants). Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. Motion Hearing set for 2/21/2025 10:00 AM in Courtroom 8 (In person with remote access provided) before District Judge Angel Kelley. Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/18/2025)

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Feb. 18, 2025

Order AND ~Util - Terminate Motions

Feb. 18, 2025

Notice Setting or Resetting Hearing on Motion

83 Feb. 19, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. As the motion is unopposed, properly identifies the movant's interest, and provides information relevant to the disposition of the case, MOTION for Leave to File Memorandum of Law as Amicus Curiae in Support of Plaintiffs' Motion for A Temporary Restraining Order by Massachusetts Biotechnology Council, Inc. is GRANTED.The above resolves the motions filed at: 25-cv-10338-AK [Dkt. 80], 25-cv-10340-AK [Dkt. 35], and 25-cv-10346-AK [Dkt. 79]. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/19/2025)

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84 Feb. 19, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. On February 13, 2025, this Court ordered the parties to submit a joint statement to include a proposed list of issues, speakers, and time limits for the motion hearing scheduled for February 21, 2025.The Court ADOPTS the proposed schedule, as submitted jointly by the parties. Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/19/2025)

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85 Feb. 19, 2025

Assented to MOTION for Leave to File Proposed Amicus Brief by Cities, Counties, and Mayors. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Miller, Jonathan) (Entered: 02/19/2025)

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Feb. 19, 2025

Order

Feb. 19, 2025

Order on Motion for Leave to File Document

86 Feb. 20, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. As the motion is unopposed, properly identifies the movants' interest, and provides information relevant to the disposition of the case, MOTION for Leave to File Proposed Amicus Brief by Cities, Counties, and Mayors is GRANTED.The above resolves the motions filed at: 25-cv-10338-AK [Dkt. 89], 25-cv-10340-AK [Dkt. 42], and 25-cv-10346-AK [Dkt. 85].Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/20/2025)

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87 Feb. 20, 2025

AMICUS BRIEF filed by Cities, Counties, and Mayors . (Miller, Jonathan) (Entered: 02/20/2025)

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Presidential/Gubernatorial Authority

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 10, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff Association of American Universities (“AAU”) is an association composed of 71 leading research universities with the goal of transforming lives through education, research, and innovation. Plaintiff Association of Public and Land-Grant Universities (“APLU”) is a membership organization that fosters a community of university leaders collectively working to advance the mission of public research universities. A core mission of the APLU is fostering research and innovation, specifically by “promoting pathbreaking scientific research.” Plaintiff American Council on Education (“ACE”) is a nonprofit association composed of more than 1,600 colleges, universities, and higher education-related associations, organizations, and corporations with the goal of enabling higher education institutions to flourish. Thirteen other universities signed on as plaintiffs.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Health and Human Services

National Institutes of Health

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Spending/Appropriations Clauses

Other Dockets:

District of Massachusetts 1:25-cv-10346

U.S. Court of Appeals for the First Circuit 25-01345

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

National / Universal injunction

Preliminary relief granted

Reinstatement (job, contract, grant, etc.)

Issues

General/Misc.:

Funding

Government services

Recommended Citation