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

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Case Summary

This case challenged the legality of the U.S. Department of Education Office of Civil Rights’ February 14, 2025 Dear Colleague Letter that advised educational institutions receiving federal funding to, among other things, stop teaching about systemic racism and race-related topics and ban all programming that supports Diversity, Equity, and Inclusion (DEI). Otherwise, they risked being deemed, or reported as, non-compliant and losing federal funding. (To see the Clearinghouse's collection of le…

On February 25, 2025, the American Federation of Teachers (AFT), the American Sociological Association (ASA), and the American Federation of Teachers-Maryland (AFT-Maryland) filed this lawsuit in the United States District Court for the District of Maryland, Baltimore Division. The plaintiffs sued the U.S. Department of Education (ED), the acting ED Secretary, and the Acting Assistant Secretary of ED’s Office for Civil Rights (OCR).

The following week, on March 5, the plaintiffs filed a motion for leave to file excess pages and filed an amended complaint that added the Eugene School District as a plaintiff and replaced the Acting ED Secretary with the ED Secretary as one of the defendants. Represented by Democracy Forward, the plaintiffs sued the defendants under the Administrative Procedure Act (APA). The plaintiffs alleged that the Dear Colleague Letter violated the First Amendment by impermissibly restricting free speech, free expression, and free association based on content and viewpoint; Fifth Amendment due process for being unconstitutionally vague; and the APA for being an unlawful final agency action. For relief, the plaintiffs asked the court to declare the Dear Colleague Letter unlawful and unconstitutional, to set the letter aside, to issue a preliminary injunction against enforcement of the letter, attorney’s fees, and any other appropriate relief. The case was assigned to District Judge Stephanie A. Gallagher.

On March 6, 2025, the judge ordered the plaintiffs to show cause as to why their case should be heard in Maryland—explaining that Maryland might not be the appropriate venue given convenience and the absence of facts alleging harm in Maryland. The plaintiffs responded on March 12, stating that Maryland was a proper venue because AFT-Maryland, one of the plaintiffs, has 18,000 members who immediately began suffering harm in Maryland as a result of the Dear Colleague Letter. However, the plaintiffs said they would not object to a transfer of the case to the District of Columbia if the court determined that transfer would best serve “the interests of justice.” The next day, the defendants filed their own response claiming improper venue and calling for a transfer of the case.

On March 19, 2025, the plaintiffs filed a motion for miscellaneous relief, requesting that the court set a status conference to address two pending issues in the case—(1) their motion to file an enlarged amended complaint and (2) the question of venue—or, in the alternative, enter the requested relief in the docket. On March 20, Judge Gallagher granted the plaintiffs' motion for leave to file excess pages. On March 24, the court denied the plaintiffs' motion for miscellaneous relief—declining to hold a conference and stating that the court would consider the convenience of the forum when reviewing arguments in the forthcoming motion for preliminary injunction.

On March 28, 2025, the plaintiffs filed a motion for preliminary injunction. In their motion for preliminary judgment, the plaintiffs asked the court to enjoin the defendants from conducting any investigations, assessments, or federal funding pauses or cuts based on the defendants' February 28 Dear Colleague Letter and subsequent February 28 document “Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act." The plaintiffs also asked the court to: prohibit the defendants from reissuing the Letter under a different name; order the defendants to inactivate and remove the "End DEI Portal" on the Department of Education website; require the defendants to follow the Department's guidance under other, specific documents if the defendants commenced any investigation of alleged discrimination; and order the defendants to restore access to Title VI guidance materials that were removed from the Department of Education's website after January 20, 2025. The same day, the plaintiffs filed a consent motion for leave to file excess pages in their memorandum supporting their motion for preliminary injunction, which the court granted on April 1.

On April 9, the plaintiffs filed a motion for preliminary injunction of certification and stay of final agency action under the APA (5 U.S.C. § 705). In the motion, the plaintiffs asked the court for preliminary injunctions—(1) ordering the defendants to suspend "the deadline for state education agencies and local education agencies to respond to the Reminder of Legal Obligations Undertaken In Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard, dated April 3, 2025 (the 'Certification' )"; (2) enjoining the defendants from commencing any investigations, assessments, or funding cuts/freezes based on the Certification; (3) enjoining the defendants from reviving the Certification under a different name; (4) "ordering any signed Certifications null and void until further order of the Court;" and (5) requiring the defendants to "notify all state education agencies of the preliminary injunction as soon as is possible and prior to April 24, 2025." The plaintiffs also moved to file excess pages on April 9.

On April 14, 2025, the defendants filed an opposition to the plaintiffs' two motions for preliminary injunction. The defendants also filed a consent motion for leave to file excess pages on the same day, which the court granted. On April 17, the plaintiffs filed their reply to the defendants' opposition and sought leave of the court to file excess pages (which the court granted).

On April 18, 2025, the court heard the plaintiffs two motions for preliminary injunction. In the days after the hearing, the plaintiffs filed a response in support of its motions and the defendants filed a response regarding the hearing and questions posed by the court.

This case is ongoing.

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Summary Authors

Sylvia Al-Mateen (4/23/2025)

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)

Gallagher, Stephanie A. (Maryland)

Attorney for Plaintiff

Bookbinder, Andrew Liang (Maryland)

Attorney for Defendant

Arnold, Ariana Wright (Maryland)

Expert/Monitor/Master/Other

Connolly, J Michael (Maryland)

Ginsberg, Zoe Michael (Maryland)

Judge(s)

Gallagher, Stephanie A. (Maryland)

Attorney for Plaintiff

Bookbinder, Andrew Liang (Maryland)

Gitomer, Madeline H (Maryland)

Homer, Rachel F. (Maryland)

Menschel, Brooke (Maryland)

Nugent, Victoria S (Maryland)

Schellenberg, Kali Jones (Maryland)

Attorney for Defendant

Arnold, Ariana Wright (Maryland)

Kambli, Abhishek (Maryland)

Expert/Monitor/Master/Other

Connolly, J Michael (Maryland)

Ginsberg, Zoe Michael (Maryland)

Kairey, Julius (Maryland)

McCarthy, Thomas R. (Maryland)

Norris, Cameron T. (Maryland)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
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	[Untitled]	March 19, 2025	March 19, 2025
29 1:25-cv-00628	[Untitled]	March 24, 2025	March 24, 2025
31 1:25-cv-00628	[Untitled]	March 28, 2025	March 28, 2025
37 1:25-cv-00628	[Untitled]	April 9, 2025	April 9, 2025
41 1:25-cv-00628	[Untitled]	April 14, 2025	April 14, 2025

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Resources

Title	Description		External URL Date / External URL
February 14, 2025 Dear Colleague Letter Craig Trainor	Letter published by the Department of Education under the second Trump administration, purporting to ban the teaching of history and other subjects that acknowledged systemic and structural racism, b…	Feb. 14, 2025	Feb. 14, 2025 https://www.ed.gov/...
Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act United States Department of Education Office for Civil Rights	This frequently asked questions document is intended to anticipate and answer questions that may be raised in response to the Dear Colleague Letter: Title VI of the Civil Rights Act in Light of Stude…	February 14, 2025	Feb. 14, 2025 https://www.ed.gov/...
EO 14173 - Ending Illegal Discrimination and Restoring Merit-Based Opportunity President Donald Trump	Ordering all federal agencies and departments to terminate all DEIA (diversity, equity, inclusion, accessibility) policies and programs, and directing the Attorney General and Secretary of Education …	Jan. 21, 2025	Jan. 21, 2025 https://www.federalregister.gov/...

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Docket

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

Last updated April 28, 2025, 1:57 p.m.

ECF Number	Description	Date	Link Date / Link
1	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 View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER	Feb. 25, 2025	Feb. 25, 2025 Clearinghouse
2	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)	Feb. 26, 2025	Feb. 26, 2025 PACER
3	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)	Feb. 26, 2025	Feb. 26, 2025 PACER
4	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)	Feb. 26, 2025	Feb. 26, 2025 PACER
5	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)	Feb. 26, 2025	Feb. 26, 2025 PACER
6	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)	Feb. 26, 2025	Feb. 26, 2025 PACER
7	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)	Feb. 26, 2025	Feb. 26, 2025 PACER
8	Local Rule 103.3 Disclosure Statement by American Sociological Association (Nugent, Victoria) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 PACER
9	Local Rule 103.3 Disclosure Statement by American Federation of Teachers-Maryland (Nugent, Victoria) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 PACER
10	Local Rule 103.3 Disclosure Statement by American Federation of Teachers (Nugent, Victoria) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 PACER
11	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)	March 4, 2025	March 4, 2025 PACER
12	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)	March 4, 2025	March 4, 2025 RECAP
13	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 View on PACER	March 5, 2025	March 5, 2025 PACER
14	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 View on RECAP 2 Summons View on PACER	March 5, 2025	March 5, 2025 Clearinghouse
15	Local Rule 103.3 Disclosure Statement by Eugene School District 4J (Nugent, Victoria) (Entered: 03/05/2025)	March 5, 2025	March 5, 2025 PACER
16	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)	March 6, 2025	March 6, 2025 Clearinghouse
17	Summons Issued 60 days as to Linda McMahon, U.S. Attorney and U.S. Attorney General(kb3s, Deputy Clerk) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 RECAP
18	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)	March 12, 2025	March 12, 2025 Clearinghouse
19	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)	March 13, 2025	March 13, 2025 PACER
20	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)	March 13, 2025	March 13, 2025 PACER
21	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 View on RECAP	March 13, 2025	March 13, 2025 Clearinghouse
22	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)	March 17, 2025	March 17, 2025 PACER
23	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 View on RECAP	March 19, 2025	March 19, 2025 Clearinghouse
24	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)	March 19, 2025	March 19, 2025 PACER
25	RESPONSE re 23 MOTION for Miscellaneous Relief filed by Linda McMahon, Craig Trainor, U.S. Department of Education.(Arnold, Ariana) (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 RECAP
26	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)	March 20, 2025	March 20, 2025 PACER
27	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)	March 20, 2025	March 20, 2025 PACER
28	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)	March 21, 2025	March 21, 2025 PACER
29	ORDER denying 23 MOTION for Miscellaneous Relief. Signed by Judge Stephanie A. Gallagher on 3/24/2025. (kb3s, Deputy Clerk) (Entered: 03/24/2025)	March 24, 2025	March 24, 2025 Clearinghouse
30	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 View on RECAP	March 28, 2025	March 28, 2025 RECAP
31	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 View on RECAP 2 Text of Proposed Order View on PACER 3 Index of Exhibits View on PACER 4 Exhibit 1 View on PACER 5 Exhibit 2 View on PACER 6 Exhibit 3 View on PACER 7 Exhibit 4 View on RECAP 8 Exhibit 5 View on PACER 9 Exhibit 6 View on PACER 10 Exhibit 7 View on PACER 11 Exhibit 8 View on PACER 12 Exhibit 9 View on PACER 13 Exhibit 10 View on PACER 14 Exhibit 11 View on PACER 15 Exhibit 12 View on PACER 16 Exhibit 13 View on PACER 17 Exhibit 14 View on PACER 18 Exhibit 15 View on PACER 19 Exhibit 16 View on PACER 20 Exhibit 17 View on PACER 21 Exhibit 18 View on PACER 22 Exhibit 19 View on PACER 23 Exhibit 20 View on PACER 24 Exhibit 21 View on PACER 25 Exhibit 22 View on PACER 26 Exhibit 23 View on PACER 27 Exhibit 24 View on PACER 28 Exhibit 25 View on PACER 29 Exhibit 26 View on PACER 30 Exhibit 27 View on PACER 31 Exhibit 28 View on PACER 32 Exhibit 29 View on PACER 33 Exhibit 30 View on PACER 34 Exhibit 31 View on PACER 35 Exhibit 32 View on PACER 36 Exhibit 33 View on PACER 37 Exhibit 34 View on PACER 38 Exhibit 35 View on PACER 39 Exhibit 36 View on PACER 40 Exhibit 37 View on PACER	March 28, 2025	March 28, 2025 Clearinghouse
32	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)	April 1, 2025	April 1, 2025 RECAP
33	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)	April 1, 2025	April 1, 2025 PACER
34	(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)	April 4, 2025	April 4, 2025 PACER
35	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 View on PACER 2 Text of Proposed Order View on PACER	April 4, 2025	April 4, 2025 PACER
36	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)	April 9, 2025	April 9, 2025 PACER
37	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 View on RECAP 2 Text of Proposed Order View on RECAP 3 Index of Exhibits View on RECAP 4 Exhibit 38 View on RECAP 5 Exhibit 39 View on RECAP 6 Exhibit 40 View on PACER 7 Exhibit 41 View on PACER 8 Exhibit 42 View on PACER 9 Exhibit 43 View on PACER 10 Exhibit 44 View on PACER 11 Exhibit 45 View on PACER	April 9, 2025	April 9, 2025 Clearinghouse
38	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)	April 10, 2025	April 10, 2025 PACER
39	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)	April 11, 2025	April 11, 2025 PACER
40	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)	April 11, 2025	April 11, 2025 PACER
41	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)	April 14, 2025	April 14, 2025 Clearinghouse
42	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)	April 14, 2025	April 14, 2025 PACER
43	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)	April 14, 2025	April 14, 2025 PACER
44	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)	April 14, 2025	April 14, 2025 PACER
45	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 View on RECAP 2 Attachment Proposed Order View on PACER	April 14, 2025	April 14, 2025 PACER
46	NOTICE of Appearance by Abhishek Kambli on behalf of All Defendants (Kambli, Abhishek) (Entered: 04/16/2025)	April 16, 2025	April 16, 2025 PACER
47	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)	April 16, 2025	April 16, 2025 PACER
48	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)	April 16, 2025	April 16, 2025 PACER
49	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)	April 16, 2025	April 16, 2025 PACER
50	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)	April 17, 2025	April 17, 2025 PACER
51	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 View on PACER 2 Exhibit 47 View on PACER 3 Exhibit 48 View on PACER 4 Exhibit 49 View on PACER 5 Exhibit 50 View on PACER	April 17, 2025	April 17, 2025 RECAP
52	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)	April 17, 2025	April 17, 2025 PACER
53	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)	April 17, 2025	April 17, 2025 PACER
54	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)	April 17, 2025	April 17, 2025 PACER
55	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)	April 17, 2025	April 17, 2025 PACER
56	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)	April 18, 2025	April 18, 2025 PACER
57	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)	April 20, 2025	April 20, 2025 PACER
58	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)	April 21, 2025	April 21, 2025 Clearinghouse
59	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)	April 22, 2025	April 22, 2025 PACER
60	MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 4/24/2025. (kns, Deputy Clerk)	April 24, 2025	April 24, 2025 RECAP
61	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 View on RECAP	April 24, 2025	April 24, 2025 PACER

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Case Details

State / Territory: Maryland

Case Type(s):

Education

Speech and Religious Freedom

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Diversity/Equity/Inclusion/Accessibility (DEIA) and/or Antisemitism)

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

U.S. Department of Education (- United States (national) -), Federal

Office of Civil Rights (- United States (national) -), Federal