Case: American Federation of Teachers v. U.S. Department of Education

1:25-cv-00628 | U.S. District Court for the District of Maryland

Filed Date: Feb. 25, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the Trump administration’s 2025 Title VI enforcement policies restricting race-related programming and speech in public education. On February 25, 2025, represented by Democracy Forward Foundation, the American Federation of Teachers (AFT), American Sociological Association (ASA), AFT–Maryland, and Eugene School District 4J filed this lawsuit in the U.S. District Court for the District of Maryland against the U.S. Department of Education, Secretary Linda McMahon, and Acting…

This case challenged the Trump administration’s 2025 Title VI enforcement policies restricting race-related programming and speech in public education. On February 25, 2025, represented by Democracy Forward Foundation, the American Federation of Teachers (AFT), American Sociological Association (ASA), AFT–Maryland, and Eugene School District 4J filed this lawsuit in the U.S. District Court for the District of Maryland against the U.S. Department of Education, Secretary Linda McMahon, and Acting Assistant Secretary for Civil Rights Craig Trainor.

The case was assigned to District Judge Stephanie A. Gallagher.

The plaintiffs alleged that the Department’s February 14, 2025 “Dear Colleague Letter” (DCL), its February 28 FAQ, and an April 3 “Certification” violated the Administrative Procedure Act (APA), the First and Fifth Amendments, and the Department of Education Organization Act. The challenged document, issued in response to the Supreme Court’s 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., reinterpreted Title VI to prohibit many forms of race-conscious educational activity, mandated new compliance certifications from states and school districts, and directed the removal of prior DEI-related guidance. Plaintiffs argued that the policies chilled lawful speech, threatened federal funding, and had been adopted without rulemaking or statutory authority.

On March 28 and April 9, 2025, the plaintiffs moved for a preliminary injunction (PI) and for a stay under APA § 705. They sought to block enforcement of the DCL and Certification, invalidate any signed certifications, and require the Department to reinstate prior guidance. The Department opposed both motions, arguing that the documents were non-binding interpretive guidance and that plaintiffs lacked standing. The court heard arguments on April 18.

On April 24, 2025, Judge Stephanie A. Gallagher granted a partial stay under 5 U.S.C. § 705, holding that the February 14, 2025 DCL was likely a final agency action adopted without required notice and comment, and that it exceeded statutory authority by regulating curriculum and potentially chilling protected speech. 779 F.Supp.3d 584. The court stayed the DCL pending final resolution but denied broader relief. It declined to strike the Certification, finding it was not itself final agency action, and rejected demands to reinstate prior DEI guidance or remove the Department’s complaint portal. The court also ruled that only Eugene School District 4J had plausibly alleged standing.

On June 5, 2025, the plaintiffs moved for summary judgment (SJ) and sought a permanent, nationwide injunction. On July 1, the government moved to dismiss, or in the alternative, for summary judgment, arguing again that the plaintiffs lacked standing and that the challenged materials were lawful, non-binding interpretive rules. Citing the Supreme Court’s decision in Trump v. CASA, Inc. (June 27, 2025), the government also argued that any relief must be limited to parties with standing and could not extend nationwide.

On August 2, 2025, the government filed its reply brief in support of its dispositive motion. It argued that:

  • The plaintiffs still lacked standing, as District 4J was not a direct recipient of federal funds and the state of Oregon had refused to comply with the Certification.
  • The DCL and Certification were non-binding interpretive rules, not final agency actions, and thus not subject to APA challenge.
  • The Department had acted within its statutory authority and consistently with Title VI, DEOA, and SFFA, merely clarifying existing obligations.
  • The DCL was not vague or viewpoint-discriminatory, and concerns about chilled speech were speculative and attributable to third-party institutions, not federal coercion.
  • The government also objected to plaintiffs’ proposed order, which sought sweeping declaratory and injunctive relief affecting all education agencies and federal civil rights enforcers. It contended that such relief would violate Article III limits and separation-of-powers principles.

On August 14, 2025, the court issued an order granting in part and denying in part plaintiffs' motion for summary judgment and, construing the defendant's July 1 filing as a motion for summary judgment, granting it in part and denying it in part. 

It held as follows: 

  • Every plaintiff had standing for every claim and as to each challenged document;
  • Both the Letter and the Certification Requirement were final agency actions subject to judicial review; 
  • The government failed to follow required notice-and-comment procedures as to both the Letter and the Certification requirement, in violation of the APA;
  • The Certification Requirement failed to comply with the Paperwork Reduction Act, and was therefore procedurally defective and arbitrary and capricious; 
  • Both the Letter and the Certification Requirement were arbitrary and capricious under the APA because they were issued without consideration or explanation of changes in position, and because they failed to account for facts, law, baseline conditions, or reliance interests; 
  • The Letter exceeded the authority delegated by Congress to the Department of Education because it exercised control over content of curriculum;
  • The Letter’s provisions proscribing specific forms of classroom speech violated the First Amendment by regulating speech based on its content;
  • The Certification did not violate the First Amendment because it was too vague to suppress speech at all, much less speech based on viewpoint or content, and it was not facially overbroad because it did not unambiguously punish protected speech;
  • The Letter and the Certification Requirement were unconstitutionally vague because they did not provide sufficient clarity on which DEI practices were impermissible and it was therefore impossible to determine what conduct would trigger the prohibitions and potentially severe sanctions, enabling arbitrary enforcement and chilling lawful and societally beneficial speech.

Accordingly, the court held the Letter and Certification Requirement unlawful and set them aside under 5 U.S.C. § 706. It granted the plaintiffs' motion for summary judgment as to Counts One (Letter - First Amendment), Two (Letter - Fifth Amendment), Three (Letter - APA), Five (Certification - Fifth Amendment), and Six (Certification - APA), and denied as to Count Four (Certification - First Amendment), as to which it granted the government's motion for summary judgment. 

On October 13, 2025, the government appealed the court's August 14 order to the Fourth Circuit. However, before briefing concluded, the parties agreed to dismiss the appeal on Jan. 22, 2026, leaving the district court injunction in place.  This was widely described in news reports as a loss for the Trump Administration. By dismissing the Administration abandoned its defense of its enjoined campaign to strip federal funding from schools and colleges that promote diversity, equity, and inclusion initiatives.

On March 24, 2026, the court awarded the plaintiffs' attorneys’ fees in the amount of $162,442.11 to be paid to Democracy Forward. The defendants moved to vacate this judgment and for reconsideration and to alter or amend on March 26, 2026. The defendants argued that the court did not include any findings in its order explaining what permitted an award in excess of the statutory limit of $125 per hour for attorneys’ fees. On the same day, the defendants moved to stay the case for thirty days to allow the parties to seek a resolution out of court. The court granted this motion the following day on March 27, 2026. The stay was extended on April 24, 2026. 

On May 18, 2026, the parties filed a joint status report stating that they reached an agreement regarding attorneys’ fees and asked the court to extend the stay of deadlines until June 12, 2026, for any pending motions. 

On June 12, 2026, the defendants notified the court of the settlement and moved to have the case administratively dismissed. The court ordered the case to be dismissed on June 15, 2026, and vacated the court’s March 24, 2026, award of attorneys’ fees. The parties were permitted to move for good cause to reopen the case within sixty days if the settlement agreement is not consummated. 

There is currently no active litigation, but because the injunction is live and could be the subject of further enforcement, and because the parties could move to reopen the case if the settlement is not consummated, the case is ongoing. 

Summary Authors

Kara Wilczynski (7/17/2026)

Sylvia Al-Mateen (4/23/2025)

Brian Chen (7/16/2025)

Nicole Brigstock (12/17/2025)

Clearinghouse (1/29/2026)

Allison Opheim (3/3/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69672728/parties/american-federation-of-teachers-v-us-department-of-education/


Judge(s)
Attorney for Plaintiff

Bookbinder, Andrew Liang (Maryland)

Attorney for Defendant

Arnold, Ariana Wright (Maryland)

Attorney, Ariana Wright

Attorney, Charles Robert

Bethune, Tianna (Maryland)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-00628

Plaintiffs' Complaint for Declaratory and Injunctive Relief

Feb. 25, 2025

Feb. 25, 2025

Complaint
14

1:25-cv-00628

Plaintiffs' Complaint for Declaratory and Injunctive Relief

March 5, 2025

March 5, 2025

Complaint
16

1:25-cv-00628

Letter Order

March 6, 2025

March 6, 2025

Order/Opinion
18

1:25-cv-00628

Plaintiffs' Response to Order to Show Cause

March 12, 2025

March 12, 2025

Pleading / Motion / Brief
21

1:25-cv-00628

Defendants' Position on Order to Show Cause

March 13, 2025

March 13, 2025

Pleading / Motion / Brief
23

1:25-cv-00628

Plaintiffs' Motion for Miscellaneous Relief

March 19, 2025

March 19, 2025

Pleading / Motion / Brief
29

1:25-cv-00628

Letter Order

March 24, 2025

March 24, 2025

Order/Opinion
31

1:25-cv-00628

Plaintiffs' Motion for Preliminary Injunction

March 28, 2025

March 28, 2025

Pleading / Motion / Brief
37

1:25-cv-00628

Plaintiffs' Motion for Preliminary Injunction and APA § 705 Stay of Certification

April 9, 2025

April 9, 2025

Pleading / Motion / Brief
41

1:25-cv-00628

Defendants' Memorandum of Law in Opposition to Plaintiffs' Motions for Preliminary Injunction

April 14, 2025

April 14, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69672728/american-federation-of-teachers-v-us-department-of-education/

Last updated July 22, 2026, 4:46 a.m.

ECF Number Date Description Link
1 Feb. 25, 2025

COMPLAINT against DENISE L. CARTER, CRAIG TRAINOR, U.S. Department of Education ( Filing fee $ 405 receipt number AMDDC-11805487.), filed by American Federation of Teachers,American Federation of Teachers-Maryland, American Sociological Association. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Nugent, Victoria) (Entered: 02/25/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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Clearinghouse
2 Feb. 26, 2025

NOTICE of Appearance by Victoria S Nugent on behalf of American Federation of Teachers-Maryland, American Federation of Teachers, American Sociological Association (Nugent, Victoria) (Entered: 02/26/2025)

RECAP
3 Feb. 26, 2025

MOTION to Appear Pro Hac Vice for Andrew Bookbinder (Filing fee $100, receipt number AMDDC-11806581.) by American Federation of Teachers-Maryland, American Federation of Teachers, American Sociological Association (Nugent, Victoria) (Entered: 02/26/2025)

RECAP
4 Feb. 26, 2025

Summons Issued 60 days as to Denise L. Carter, Craig Trainor, U.S. Department of Education, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(kb3s, Deputy Clerk) (Entered: 02/26/2025)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Feb. 26, 2025

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Andrew Liang Bookbinder. Directing attorney Andrew Liang Bookbinder to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/26/2025. (mh4s, Deputy Clerk) (Entered: 02/26/2025)

RECAP
6 Feb. 26, 2025

MOTION to Appear Pro Hac Vice for Rachel F. Homer (Filing fee $100, receipt number AMDDC-11807538.) by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association (Nugent, Victoria) (Entered: 02/26/2025)

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7 Feb. 26, 2025

PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Rachel F. Homer. Directing attorney Rachel F. Homer to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 2/26/2025. (mh4s, Deputy Clerk) (Entered: 02/26/2025)

RECAP
8 March 3, 2025

Local Rule 103.3 Disclosure Statement by American Sociological Association (Nugent, Victoria) (Entered: 03/03/2025)

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9 March 3, 2025

Local Rule 103.3 Disclosure Statement by American Federation of Teachers-Maryland (Nugent, Victoria) (Entered: 03/03/2025)

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10 March 3, 2025

Local Rule 103.3 Disclosure Statement by American Federation of Teachers (Nugent, Victoria) (Entered: 03/03/2025)

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11 March 4, 2025

SUMMONS Returned Executed as to USA by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association. Denise L. Carter served on 3/3/2025, answer due 5/2/2025; Craig Trainor served on 3/3/2025, answer due 5/2/2025; U.S. Department of Education served on 3/3/2025, answer due 5/2/2025.(Nugent, Victoria) Modified on 3/6/2025 (kb3s). (Entered: 03/04/2025)

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12 March 4, 2025

AFFIDAVIT of Service for Complaint, Civil Cover Sheet, and Summonses served on Phil Selden, U.S. Attorney for the District of Maryland and Pam Bondi, Attorney General of the U.S. on 3/3/2025, filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association.(Nugent, Victoria) (Entered: 03/04/2025)

RECAP
13 March 5, 2025

MOTION for Leave to File Excess Pages by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association (Attachments: # 1 Proposed Order)(Nugent, Victoria) (Entered: 03/05/2025)

1 Proposed Order

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14 March 5, 2025

AMENDED COMPLAINT against All Defendants, filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J. (Attachments: # 1 Comparison Copy, # 2 Summons)(Nugent, Victoria) (Entered: 03/05/2025)

1 Comparison Copy

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2 Summons

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Clearinghouse
15 March 5, 2025

Local Rule 103.3 Disclosure Statement by Eugene School District 4J (Nugent, Victoria) (Entered: 03/05/2025)

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16 March 6, 2025

ORDER Advising Plaintiffs to SHOW CAUSE as to why this lawsuit should be heard inMaryland no later than one week from the date of this order. Signed by Judge Stephanie A. Gallagher on 3/5/2025. (kb3s, Deputy Clerk) (Entered: 03/06/2025)

Clearinghouse
17 March 10, 2025

Summons Issued 60 days as to Linda McMahon, U.S. Attorney and U.S. Attorney General(kb3s, Deputy Clerk) (Entered: 03/10/2025)

RECAP
18 March 12, 2025

RESPONSE re 16 Order to Show Cause filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J.(Nugent, Victoria) (Entered: 03/12/2025)

Clearinghouse
19 March 13, 2025

NOTICE of Appearance by Ariana Wright Arnold on behalf of Linda McMahon, Craig Trainor, U.S. Department of Education (Arnold, Ariana) (Entered: 03/13/2025)

RECAP
20 March 13, 2025

MOTION to Appear Pro Hac Vice for Kali Schellenberg (Filing fee $100, receipt number AMDDC-11840859.) by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J(Nugent, Victoria) (Entered: 03/13/2025)

RECAP
21 March 13, 2025

RESPONSE re 18 Response to Show Cause Issued March 5, 2025 (at ECF 16) filed by Linda McMahon, Craig Trainor, U.S. Department of Education. (Attachments: # 1 Exhibit 1 - MD SDAT Records)(Arnold, Ariana) (Entered: 03/13/2025)

1 Exhibit 1 - MD SDAT Records

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Clearinghouse
22 March 17, 2025

PAPERLESS ORDER granting 20 Motion to Appear Pro Hac Vice on behalf of Kali Jones Schellenberg. Directing attorney Kali Jones Schellenberg to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/17/2025. (mh4s, Deputy Clerk) (Entered: 03/17/2025)

RECAP
23 March 19, 2025

MOTION for Miscellaneous Relief by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Text of Proposed Order)(Nugent, Victoria) (Entered: 03/19/2025)

1 Text of Proposed Order

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Clearinghouse
24 March 19, 2025

NOTICE of Appearance by Brooke Menschel on behalf of American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Menschel, Brooke) (Entered: 03/19/2025)

RECAP
25 March 19, 2025

RESPONSE re 23 MOTION for Miscellaneous Relief filed by Linda McMahon, Craig Trainor, U.S. Department of Education.(Arnold, Ariana) (Entered: 03/19/2025)

RECAP
26 March 20, 2025

PAPERLESS ORDER granting 13 Plaintiffs' Motion for Leave to File Excess Pages. Signed by Judge Stephanie A. Gallagher on 3/20/2025. (bg3s, Deputy Clerk) (Entered: 03/20/2025)

RECAP
27 March 20, 2025

ORDER permitting Plaintiffs to submit a response re: the propriety of venue in Maryland; directing that any reply should be filed no later than the close of business on 3/21/2025. Signed by Judge Stephanie A. Gallagher on 3/20/2025. (bg3s, Deputy Clerk) (Entered: 03/20/2025)

RECAP
28 March 21, 2025

RESPONSE re 27 Order, filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J. (Attachments: # 1 Exhibit, # 2 Exhibit)(Nugent, Victoria) (Entered: 03/21/2025)

RECAP
29 March 24, 2025

ORDER denying 23 MOTION for Miscellaneous Relief. Signed by Judge Stephanie A. Gallagher on 3/24/2025. (kb3s, Deputy Clerk) (Entered: 03/24/2025)

Clearinghouse
30 March 28, 2025

Consent MOTION for Leave to File Excess Pages for Plaintiffs Memorandum in Support of Motion for a Preliminary Injunction by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Text of Proposed Order)(Nugent, Victoria) (Entered: 03/28/2025)

1 Text of Proposed Order

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RECAP
31 March 28, 2025

MOTION for Preliminary Injunction by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Index of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37)(Nugent, Victoria) (Entered: 03/28/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Index of Exhibits

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4 Exhibit 1

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5 Exhibit 2

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6 Exhibit 3

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7 Exhibit 4

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8 Exhibit 5

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9 Exhibit 6

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10 Exhibit 7

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11 Exhibit 8

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12 Exhibit 9

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13 Exhibit 10

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14 Exhibit 11

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15 Exhibit 12

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16 Exhibit 13

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17 Exhibit 14

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18 Exhibit 15

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19 Exhibit 16

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20 Exhibit 17

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21 Exhibit 18

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22 Exhibit 19

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23 Exhibit 20

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24 Exhibit 21

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25 Exhibit 22

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26 Exhibit 23

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27 Exhibit 24

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28 Exhibit 25

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29 Exhibit 26

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30 Exhibit 27

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31 Exhibit 28

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32 Exhibit 29

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33 Exhibit 30

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34 Exhibit 31

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35 Exhibit 32

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36 Exhibit 33

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37 Exhibit 34

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38 Exhibit 35

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40 Exhibit 37

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Clearinghouse
32 April 1, 2025

ORDER granting 30 Consent MOTION for Leave to File Excess Pages for Plaintiffs Memorandum in Support of Motion for a Preliminary Injunction. Signed by Judge Stephanie A. Gallagher on 4/1/2025. (kb3s, Deputy Clerk) (Entered: 04/01/2025)

RECAP
33 April 1, 2025

NOTICE of Appearance by Madeline H Gitomer on behalf of American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Gitomer, Madeline) (Entered: 04/01/2025)

RECAP
34 April 4, 2025

(FILED IN ERROR PER COUNSEL) MOTION for Leave to File Amicus Brief by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Ginsberg, Zoe) Modified on 4/9/2025 (kb3s). (Entered: 04/04/2025)

RECAP
35 April 4, 2025

MOTION for Leave to File Amicus Brief by American Civil Liberties Union of Maryland, PEN American Inc. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Ginsberg, Zoe) (Entered: 04/04/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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36 April 9, 2025

MOTION for Leave to File Excess Pages by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Text of Proposed Order)(Gitomer, Madeline) (Entered: 04/09/2025)

RECAP
37 April 9, 2025

MOTION for Preliminary Injunction of Certification by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Index of Exhibits, # 4 Exhibit 38, # 5 Exhibit 39, # 6 Exhibit 40, # 7 Exhibit 41, # 8 Exhibit 42, # 9 Exhibit 43, # 10 Exhibit 44, # 11 Exhibit 45)(Gitomer, Madeline) (Entered: 04/09/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Index of Exhibits

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4 Exhibit 38

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5 Exhibit 39

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6 Exhibit 40

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7 Exhibit 41

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8 Exhibit 42

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9 Exhibit 43

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10 Exhibit 44

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11 Exhibit 45

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Clearinghouse
38 April 10, 2025

STATUS REPORT on Joint Proposed Schedule by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J(Gitomer, Madeline) (Entered: 04/10/2025)

RECAP
39 April 11, 2025

ORDER Re: The Court will hold a hearing at 10am on Friday, April 18, 2025 in Courtroom 7C regarding pending preliminary injunction motions. Signed by Judge Stephanie A. Gallagher on 4/11/2025. (kb3s, Deputy Clerk) (Entered: 04/11/2025)

RECAP
40 April 11, 2025

ORDER Advising that no person may possess or transport into thecourtroom any electronic devices, to include cellular telephones, cameras, recording devices of any type including "smart" watches and "smart" pens, "smart glasses" and/or computers, to include laptops and tablets, without the express permission of the presiding judge. Signed by Judge Stephanie A. Gallagher on 4/11/2025. (kb3s, Deputy Clerk) (Entered: 04/11/2025)

RECAP
41 April 14, 2025

RESPONSE in Opposition re 31 MOTION for Preliminary Injunction, 37 MOTION for Preliminary Injunction of Certification filed by Linda McMahon, Craig Trainor, U.S. Department of Education.(Arnold, Ariana) (Entered: 04/14/2025)

Clearinghouse
42 April 14, 2025

RESPONSE in Opposition re 31 MOTION for Preliminary Injunction, 37 MOTION for Preliminary Injunction of Certification (CORRECTED to Include Proposed Order) filed by Linda McMahon, Craig Trainor, U.S. Department of Education. (Attachments: # 1 Text of Proposed Order)(Arnold, Ariana) (Entered: 04/14/2025)

RECAP
43 April 14, 2025

Consent MOTION for Leave to File Excess Pages re ECF 42, Response in Opposition to Motions (at ECF 31, 37) for Preliminary Injunction by Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Arnold, Ariana) (Entered: 04/14/2025)

RECAP
44 April 14, 2025

ORDER granting 43 Consent MOTION for Leave to File Excess Pages re ECF 42, Response in Opposition to Motions (at ECF 31, 37) for Preliminary Injunction. Signed by Judge Stephanie A. Gallagher on 4/14/2025. (kb3s, Deputy Clerk) (Entered: 04/14/2025)

RECAP
45 April 14, 2025

MOTION for Leave to File Amicus Brief by Students for Fair Admissions (Attachments: # 1 Attachment Brief in Opposition, # 2 Attachment Proposed Order)(Norris, Cameron) (Entered: 04/14/2025)

1 Attachment Brief in Opposition

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2 Attachment Proposed Order

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46 April 16, 2025

NOTICE of Appearance by Abhishek Kambli on behalf of All Defendants (Kambli, Abhishek) (Entered: 04/16/2025)

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47 April 16, 2025

MOTION to Appear Pro Hac Vice for Julius Kairey (Filing fee $100, receipt number AMDDC-11914987.) by Students for Fair Admissions (Attachments: # 1 Attachment Court Admissions)(Norris, Cameron) (Entered: 04/16/2025)

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48 April 16, 2025

MOTION to Appear Pro Hac Vice for J. Michael Connolly (Filing fee $100, receipt number AMDDC-11915036.) by Students for Fair Admissions (Attachments: # 1 Attachment Court Admissions)(Norris, Cameron) (Entered: 04/16/2025)

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49 April 16, 2025

MOTION to Appear Pro Hac Vice for Thomas R. McCarthy (Filing fee $100, receipt number AMDDC-11915048.) by Students for Fair Admissions (Attachments: # 1 Attachment Court Admissions)(Norris, Cameron) (Entered: 04/16/2025)

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50 April 17, 2025

MOTION for Leave to File Excess Pages by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion)(Menschel, Brooke) (Entered: 04/17/2025)

RECAP
51 April 17, 2025

REPLY to Response to Motion re 31 MOTION for Preliminary Injunction, 37 MOTION for Preliminary Injunction of Certification filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J. (Attachments: # 1 Exhibit 46, # 2 Exhibit 47, # 3 Exhibit 48, # 4 Exhibit 49, # 5 Exhibit 50)(Menschel, Brooke) (Entered: 04/17/2025)

1 Exhibit 46

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3 Exhibit 48

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4 Exhibit 49

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5 Exhibit 50

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52 April 17, 2025

ORDER granting 50 Motion for Leave to File Excess Pages. Signed by Judge Stephanie A. Gallagher on 4/17/2025. (kb3s, Deputy Clerk) (Entered: 04/17/2025)

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53 April 17, 2025

PAPERLESS ORDER granting 47 Motion to Appear Pro Hac Vice on behalf of Julius Kairey. Directing attorney Julius Kairey to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/17/2025. (mh4s, Deputy Clerk) (Entered: 04/17/2025)

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54 April 17, 2025

PAPERLESS ORDER granting 48 Motion to Appear Pro Hac Vice on behalf of J Michael Connolly. Directing attorney J Michael Connolly to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/17/2025. (mh4s, Deputy Clerk) (Entered: 04/17/2025)

RECAP
55 April 17, 2025

PAPERLESS ORDER granting 49 Motion to Appear Pro Hac Vice on behalf of Thomas R. McCarthy. Directing attorney Thomas R. McCarthy to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/17/2025. (mh4s, Deputy Clerk) (Entered: 04/17/2025)

RECAP
56 April 18, 2025

Motions Hearing held on 4/18/2025 re 31 MOTION for Preliminary Injunction filed by American Federation of Teachers-Maryland, American Sociological Association, American Federation of Teachers, Eugene School District 4J, 37 MOTION for Preliminary Injunction of Certification filed by American Federation of Teachers-Maryland, American Sociological Association, American Federation of Teachers, Eugene School District 4J before Judge Stephanie A. Gallagher. (Court Reporter: Patricia "Trish" Mitchell) (Rebecca Maldeis, Deputy Clerk - Courtroom 7C) (Entered: 04/18/2025)

RECAP
57 April 20, 2025

RESPONSE in Support re 31 MOTION for Preliminary Injunction, 37 MOTION for Preliminary Injunction of Certification filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J. (Attachments: # 1 Exhibit 1)(Menschel, Brooke) (Entered: 04/20/2025)

1 Exhibit 1

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RECAP
58 April 21, 2025

RESPONSE re 56 Motion Hearing,, Response to Questions Posed by the Court filed by Linda McMahon, Craig Trainor, U.S. Department of Education.(Arnold, Ariana) (Entered: 04/21/2025)

Clearinghouse
59 April 22, 2025

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/18/2025, before Judge Stephanie A. Gallagher. Court Reporter Patricia G. Mitchell, 410-962-3858, trish_mitchell@mdd.uscourts.gov. Total number of pages filed: 169. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 5/13/2025. Redacted Transcript Deadline set for 5/23/2025. Release of Transcript Restriction set for 7/21/2025. (Entered: 04/22/2025)

RECAP
60 April 24, 2025

MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 4/24/2025. (kns, Deputy Clerk) (Entered: 04/24/2025)

Clearinghouse
61 April 24, 2025

ORDER denying 37 Certification Motion; granting in part and denying in part 31 Letter Motion; staying the Dear Colleague Letter of February 14, 2025 and granting 35 & 45 Motions for Leave to File amicus briefs; the parties shall jointly propose a briefing schedule for summary judgment no later than Thursday, May 1. Signed by Judge Stephanie A. Gallagher on 4/24/2025. (kns, Deputy Clerk) (Additional attachment(s) added on 4/24/2025: # 1 CORRECTED Main Document) (kns). (Entered: 04/24/2025)

1 CORRECTED Main Document

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RECAP
62 May 1, 2025

STATUS REPORT Joint Briefing Schedule by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J(Menschel, Brooke) (Entered: 05/01/2025)

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63 May 2, 2025

MARGINAL ORDER Granting 62 STATUS REPORT Joint Briefing Schedule filed by American Federation of Teachers-Maryland, American Sociological Association, American Federation of Teachers, Eugene School District 4J. Signed by Judge Stephanie A. Gallagher on 5/2/2025. (kb3s, Deputy Clerk) (Entered: 05/02/2025)

RECAP
64 May 6, 2025

Consent MOTION for Leave to File Second Amended Complaint by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Exhibit 1 (Second Amended Complaint), # 2 Exhibit 2 (Redline), # 3 Text of Proposed Order)(Schellenberg, Kali) (Entered: 05/06/2025)

RECAP
65 May 14, 2025

NOTICE of Appearance by Charles R Gayle on behalf of All Defendants (Gayle, Charles) (Entered: 05/14/2025)

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66 June 5, 2025

MOTION for Summary Judgment by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Index of Exhibits, # 4 Exhibit Nos. 1-26, # 5 Exhibit Nos. 27-50, # 6 Exhibit 51, # 7 Exhibit 52, # 8 Exhibit 53, # 9 Exhibit 54, # 10 Exhibit 55, # 11 Exhibit 56, # 12 Exhibit 57, # 13 Exhibit 58, # 14 Exhibit 59)(Schellenberg, Kali) (Entered: 06/05/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Index of Exhibits

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4 Exhibit Nos. 1-26

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5 Exhibit Nos. 27-50

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6 Exhibit 51

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7 Exhibit 52

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8 Exhibit 53

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9 Exhibit 54

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10 Exhibit 55

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11 Exhibit 56

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12 Exhibit 57

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13 Exhibit 58

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14 Exhibit 59

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RECAP
67 June 26, 2025

Consent MOTION for Extension of Time and to modify page limits by Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Arnold, Ariana) (Entered: 06/26/2025)

1 Text of Proposed Order

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RECAP
68 June 28, 2025

Consent MOTION for Extension of Time by Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Micco, Megan) (Entered: 06/28/2025)

1 Text of Proposed Order

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RECAP
69 June 30, 2025

ORDER granting 68 Consent MOTION for Extension of Time. Signed by Judge Stephanie A. Gallagher on 6/30/2025. (kb3s, Deputy Clerk) (Entered: 06/30/2025)

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70 June 30, 2025

ORDER granting 67 Consent MOTION for Extension of Time and to modify page limits. Signed by Judge Stephanie A. Gallagher on 6/30/2025. (kb3s, Deputy Clerk) (Entered: 06/30/2025)

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71 June 30, 2025

Consent MOTION for Extension of Time to File Response/Reply as to 69 Order on Motion for Extension of Time by Denise L. Carter, Linda McMahon, Craig Trainor, U.S. Department of Education. (Attachments: # 1 Text of Proposed Order)(Bethune, Tianna) (Entered: 06/30/2025)

1 Text of Proposed Order

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RECAP
72 July 1, 2025

MOTION to Dismiss for Failure to State a Claimor in the Alternative for Summary Judgment/Motion in Opposition by Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gayle, Charles) (Entered: 07/01/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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73 July 16, 2025

ORDER Directing parties to provide revised briefing replacing all record citations with ECF docket numbers. Signed by Judge Stephanie A. Gallagher on 7/16/2025. (kb3s, Deputy Clerk) (Entered: 07/16/2025)

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74 July 17, 2025

PAPERLESS ORDER granting 64 Plaintiffs Motion for Leave to File Second Amended Complaint. Signed by Judge Stephanie A. Gallagher on 7/17/2025. (jmhs, Chambers) (Entered: 07/17/2025)

RECAP
75 July 17, 2025

PAPERLESS ORDER granting 71 Consent Motion to Modify Briefing Schedule. Signed by Judge Stephanie A. Gallagher on 7/17/2025. (jmhs, Chambers) (Entered: 07/17/2025)

RECAP
76 July 17, 2025

SECOND AMENDED COMPLAINT against Linda McMahon, Craig Trainor, U.S. Department of Education, filed by American Federation of Teachers-Maryland, American Sociological Association, American Federation of Teachers, Eugene School District 4J. (Attachments: # 1 Redline Version)(kb3s, Deputy Clerk) (Entered: 07/18/2025)

1 Redline Version

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Clearinghouse
77 July 18, 2025

RESPONSE to Motion re 66 MOTION for Summary Judgment, 72 MOTION to Dismiss for Failure to State a Claimor in the Alternative for Summary Judgment/Motion in Opposition filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J.(Gitomer, Madeline) (Entered: 07/18/2025)

RECAP
78 July 23, 2025

Memorandum re 66 MOTION for Summary Judgment Revised per ECF 73 filed by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J. (Attachments: # 1 Revised Index of Exhibits)(Gitomer, Madeline) (Entered: 07/23/2025)

1 Revised Index of Exhibits

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Clearinghouse
79 July 23, 2025

NOTICE by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J re 66 MOTION for Summary Judgment Revised Proposed Order (Gitomer, Madeline) (Entered: 07/23/2025)

RECAP
80 July 30, 2025

MOTION for Extension of Time to File Response/Reply as to 75 Order on Motion for Extension of Time to File Response/Reply by Denise L. Carter, Linda McMahon, Craig Trainor, U.S. Department of Education. (Attachments: # 1 Text of Proposed Order)(Gayle, Charles) (Entered: 07/30/2025)

RECAP
81 July 30, 2025

PAPERLESS ORDER granting ECF 80, consent motion for an extension of time. This Court will not entertain further requests for extensions as to the government's response/reply. Signed by Judge Stephanie A. Gallagher on 7/30/2025. (kb3s, Deputy Clerk) (Entered: 07/30/2025)

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82 Aug. 2, 2025

REPLY to Response to Motion re 72 MOTION to Dismiss for Failure to State a Claimor in the Alternative for Summary Judgment/Motion in Opposition filed by Linda McMahon, Craig Trainor, U.S. Department of Education.(Arnold, Ariana) (Entered: 08/02/2025)

RECAP
83 Aug. 14, 2025

MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 8/14/2025. (kb3s, Deputy Clerk)

Clearinghouse
84 Aug. 14, 2025

ORDER OF JUDGMENT granting in part and denying in part 66 Motion for Summary Judgment; granting in part and denying in part 72 Motion to Dismiss for Failure to State a Claim; Judgment is entered for Plaintiffs on Counts One, Two, Three, Five, and Six; Judgment is entered for the government on Count Four. Signed by Judge Stephanie A. Gallagher on 8/14/2025. (kb3s, Deputy Clerk) (Entered: 08/14/2025)

Clearinghouse
85 Oct. 13, 2025

NOTICE OF APPEAL by Denise L. Carter, Linda McMahon, PEN American Inc., Craig Trainor, U.S. Department of Education.(Fee Status: Filing Fee Not Required) (Arnold, Ariana) (Entered: 10/13/2025)

RECAP
86 Oct. 14, 2025

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 85 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (Entered: 10/14/2025)

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87 Oct. 15, 2025

USCA Case Number 25-2228 for 85 Notice of Appeal filed by U.S. Department of Education, Denise L. Carter, PEN American Inc., Linda McMahon, Craig Trainor - Case Manager - C. Halupa. (slss, Deputy Clerk) (Entered: 10/15/2025)

RECAP
88 Dec. 18, 2025

ORDER of USCA as to 85 Notice of Appeal filed by U.S. Department of Education, Denise L. Carter, PEN American Inc., Linda McMahon and Craig Trainor. (slss, Deputy Clerk) (Entered: 12/19/2025)

RECAP
89 Jan. 22, 2026

ORDER of USCA Granting the motion to voluntarily dismiss the case as to 85 Notice of Appeal filed by U.S. Department of Education, Denise L. Carter, PEN American Inc., Linda McMahon, Craig Trainor (jh6s, Deputy Clerk) (Entered: 01/22/2026)

RECAP
90 Jan. 22, 2026

RULE 42(b) MANDATE of USCA as to 85 Notice of Appeal filed by U.S. Department of Education, Denise L. Carter, PEN American Inc., Linda McMahon, Craig Trainor (jh6s, Deputy Clerk) (Entered: 01/22/2026)

RECAP
91 Feb. 20, 2026

MOTION for Attorney Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. sect. 2412 by American Federation of Teachers-Maryland, American Sociological Association (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1 - Nugent Declaration, # 4 Exhibit 2 - Campbell Declaration (AFT-MD), # 5 Exhibit 3 - Washington Declaration (ASA), # 6 Exhibit 4 - Attorney Fee Records)(Schellenberg, Kali) (Entered: 02/20/2026)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Exhibit 1 - Nugent Declaration

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4 Exhibit 2 - Campbell Declaration (AFT-MD)

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5 Exhibit 3 - Washington Declaration (ASA)

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6 Exhibit 4 - Attorney Fee Records

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RECAP
92 March 24, 2026

JUDGMENT on Attorney Fees. Fees awarded to Plaintiff's Counsel against Defendants. Signed by Judge Stephanie A. Gallagher on 3/24/2026. (kb3s, Deputy Clerk) (Entered: 03/24/2026)

RECAP
93 March 26, 2026

MOTION to Vacate 92 Judgment on Attorney Fees and, MOTION for Extension of Time to File Response/Reply to Motion for Attorneys' Fees 91, and, MOTION to Alter/Amend Judgment as permitted by 92 Judgment on Attorney Fees, MOTION for Reconsideration of 92 by Denise L. Carter, Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Markup of Plaintiffs' Itemized Fees, # 2 Text of Proposed Order)(Arnold, Ariana) (Entered: 03/26/2026)

1

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2

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94 March 26, 2026

Corrected MOTION to Alter/Amend Judgment as permitted by 92 Judgment on Attorney Fees and, MOTION for Extension of Time Under Rule 6(b)(1)(B) and, MOTION for Reconsideration re 92 Judgment on Attorney Fees and, MOTION to Vacate 92 Judgment on Attorney Fees by Denise L. Carter, Linda McMahon, U.S. Department of Education (Attachments: # 1 Attachment Defendants' Objections to Plaintiffs' Time Entries, # 2 Text of Proposed Order)(Arnold, Ariana) (Entered: 03/26/2026)

RECAP
95 March 26, 2026

NOTICE by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J re 94 Corrected MOTION to Alter/Amend Judgment as permitted by 92 Judgment on Attorney Fees and MOTION for Extension of Time Under Rule 6(b)(1)(B) and MOTION for Reconsideration re 92 Judgment on Attorney Fees and MOTION to Vacate 92 Judgment on Attorney Fees (Gitomer, Madeline) (Entered: 03/26/2026)

RECAP
96 March 26, 2026

Consent MOTION to Stay by Denise L. Carter, Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Arnold, Ariana) (Entered: 03/26/2026)

RECAP
97 March 27, 2026

ORDER granting 96 Consent MOTION to Stay. Signed by Judge Stephanie A. Gallagher on 3/27/2026. (kb3s, Deputy Clerk) (Entered: 03/27/2026)

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98 April 24, 2026

Joint MOTION to Extend Stay re 97 Order on Motion to Stay by American Federation of Teachers, American Federation of Teachers-Maryland, American Sociological Association, Eugene School District 4J (Attachments: # 1 Text of Proposed Order)(Schellenberg, Kali) (Entered: 04/24/2026)

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99 April 24, 2026

ORDER granting 98 parties' Joint Motion to Extend Stay. Signed by Judge Stephanie A. Gallagher on 4/24/2026. (kk5s, Deputy Clerk) (Entered: 04/24/2026)

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100 May 15, 2026

MOTION to Withdraw as Attorney by Denise L. Carter, Linda McMahon, Craig Trainor, U.S. Department of Education (Attachments: # 1 Text of Proposed Order)(Kambli, Abhishek) (Entered: 05/15/2026)

RECAP

Case Details

State / Territory:

Maryland

Case Type(s):

Education

Presidential/Gubernatorial Authority

Speech and Religious Freedom

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 25, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The American Federation of Teachers, the American Sociological Association, the American Federation of Teachers-Maryland, and the Eugene School District.

Plaintiff Type(s):

City/County Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Office of Civil Rights

U.S. Department of Education

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Other Dockets:

District of Maryland 1:25-cv-00628

U.S. Court of Appeals for the Fourth Circuit 25-02228

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Discrimination Prohibition

National / Universal injunction

Preliminary relief granted

Issues

General/Misc.:

Education

Funding

School/University policies

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)

Recommended Citation