Case: Rhode Island Latino Arts v. National Endowment for the Arts

President Donald Trump

COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-2106349 ), filed by Theatre Communications Group, Rhode Island Latino Arts, The Theater Offensive, National Queer Theater. (Attachments: # 1 Civil Cover Sheet)(Labinger, Lynette) (Entered: 03/06/2025)

1 Civil Cover Sheet

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MOTION for Preliminary Injunction ( Responses due by 3/20/2025.), MOTION to Expedite ( Responses due by 3/20/2025.), MOTION for Temporary Restraining Order filed by All Plaintiffs. (Attachments: # 1 Supporting Memorandum memorandum of law, # 2 Affidavit Declaration of Vera Eidelman with exhibits, # 3 Affidavit Declaration of Marta V. Martinez, # 4 Affidavit Declaration of Adam Odsess-Rubin with exhibit, # 5 Affidavit Declaration of Giselle Byrd, # 6 Affidavit Declaration of Emilya Cachapero)(Labinger, Lynette) (Entered: 03/06/2025)

1 Supporting Memorandum memorandum of law

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2 Affidavit Declaration of Vera Eidelman with exhibits

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3 Affidavit Declaration of Marta V. Martinez

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4 Affidavit Declaration of Adam Odsess-Rubin with exhibit

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5 Affidavit Declaration of Giselle Byrd

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6 Affidavit Declaration of Emilya Cachapero

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CASE OPENING NOTICE ISSUED (Hill, Cherelle) (Entered: 03/06/2025)

Corporate Disclosure Statement by Rhode Island Latino Arts, National Queer Theater, The Theater Offensive, Theatre Communications Group. (Labinger, Lynette) (Entered: 03/06/2025)

MOTION for Vera Eidelman to Appear Pro Hac Vice for all plaintiffs ( filing fee paid $ 100.00, receipt number ARIDC-2106480 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 03/06/2025)

MOTION for Lauren Yu to Appear Pro Hac Vice for all plaintiffs ( filing fee paid $ 100.00, receipt number ARIDC-2106482 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 03/06/2025)

MOTION for Scarlet Kim to Appear Pro Hac Vice for all plaintiffs ( filing fee paid $ 100.00, receipt number ARIDC-2106484 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 03/06/2025)

MOTION for David Cole to Appear Pro Hac Vice for all plaintiffs ( filing fee paid $ 100.00, receipt number ARIDC-2106486 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 03/06/2025)

MOTION for Brian Hauss to Appear Pro Hac Vice for all plaintiffs ( filing fee paid $ 100.00, receipt number ARIDC-2106609 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 03/06/2025)

Case Assigned/Reassigned

Order on Motion to Appear Pro Hac Vice

Case assigned to Senior District Judge William E Smith and Magistrate Judge Patricia A. Sullivan. (Hill, Cherelle)

TEXT ORDER granting 5 Motion to Appear Pro Hac Vice of Vera Eidelman. So Ordered by Senior District Judge William E Smith on 3/6/2025. (Hill, Cherelle)

TEXT ORDER granting 6 Motion to Appear Pro Hac Vice of Lauren Yu. So Ordered by Senior District Judge William E Smith on 3/6/2025. (Hill, Cherelle)

TEXT ORDER granting 7 Motion to Appear Pro Hac Vice of Scarlet Kim. So Ordered by Senior District Judge William E Smith on 3/6/2025. (Hill, Cherelle)

TEXT ORDER granting 8 Motion to Appear Pro Hac Vice of David Cole. So Ordered by Senior District Judge William E Smith on 3/6/2025. (Hill, Cherelle)

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice of Brian Hauss. So Ordered by Senior District Judge William E Smith on 3/6/2025. (Hill, Cherelle)

Notice of Hearing (Form Attached)

NOTICE of Hearing: Zoom Video Conference set for 3/7/2025 at 04:30 PM before Senior District Judge William E Smith. (Simoncelli, Michael)

NOTICE of Hearing: Zoom Video Conference set for 3/7/2025 at 04:30 PM before Senior District Judge William E Smith. This is an attorneys only conference. (Simoncelli, Michael)

Order AND ~Util - Set Deadlines

In Chambers Conference

Notice of Hearing on Motion

Minute Entry for proceedings held before Senior District Judge William E Smith: Zoom Chambers Conference held on 3/7/2025. Participants: V. Eidelman, B. Hauss, D. Cole, L. Yu, S. Kim, and L. Labinger for the Plaintiffs; B. Wong for the Defendants. (Simoncelli, Michael)

TEXT ORDER re 2 MOTION for Preliminary Injunction, MOTION to Expedite, MOTION for Temporary Restraining Order. Defendants shall file their response by 3/14/2025, and Plaintiffs shall file their reply by 3/17/25. So Ordered by Senior District Judge William E Smith on 3/7/2025. (Simoncelli, Michael)

NOTICE of Hearing on 2 MOTION for Preliminary Injunction: Motion Hearing set for 3/18/2025 at 09:30 AM in Courtroom 3 before Senior District Judge William E Smith. (Simoncelli, Michael)

DECLARATION of Ann Eilers by All Defendants. (Bolan, Kevin) (Entered: 03/10/2025)

Notice of Hearing on Motion

Order

TEXT ORDER re 2 MOTION for Preliminary Injunction, MOTION to Expedite, MOTION for Temporary Restraining Order. Defendants shall file their response by 2:00 PM on 3/21/2025, and Plaintiffs shall file their reply by 3/25/25. So Ordered by Senior District Judge William E Smith on 3/11/2025. (Simoncelli, Michael)

NOTICE of Hearing on Motion 2 MOTION for Preliminary Injunction: Motion Hearing reset for 3/27/2025 at 10:00 AM in Courtroom 3 before Senior District Judge William E Smith. (Simoncelli, Michael)

Notice of Hearing (Form Attached)

NOTICE of Hearing: Video Chambers Conference set for 3/18/2025 at 11:00 AM before Senior District Judge William E. Smith. (Zoom Meeting ID/Passcode provided to counsel of record by email.) (Simoncelli, Michael)

Minute Entry for proceedings held before Senior District Judge William E Smith: Zoom Chambers Conference held on 3/18/2025. Participants: V. Eidelman, S. Kim, and L. Yu for Plaintiffs; K. Bolan for the Defendants. (Zoom Video Conference at 11:05 AM.) (Simoncelli, Michael)

In Chambers Conference

RESPONSE In Opposition to 2 MOTION for Preliminary Injunction MOTION to Expedite MOTION for Temporary Restraining Order filed by All Defendants. Replies due by 3/28/2025. (Attachments: # 1 Exhibit Bolan Decl. (and Exs. A-C))(Bolan, Kevin) (Entered: 03/21/2025)

1 Exhibit Bolan Decl. (and Exs. A-C)

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REPLY to Response re 11 Response to Motion, in Support of Plaintiffs' Motion for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Affidavit SUPPLEMENTAL DECLARATION OF MARTA V. MARTNEZ, # 2 Affidavit SUPPLEMENTAL DECLARATION OF EMILYA CACHAPERO)(Labinger, Lynette) (Entered: 03/25/2025)

1 Affidavit SUPPLEMENTAL DECLARATION OF MARTA V. MARTNEZ

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2 Affidavit SUPPLEMENTAL DECLARATION OF EMILYA CACHAPERO

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Motion Hearing

Minute Entry for proceedings held before Senior District Judge William E Smith: Motion Hearing held on 3/27/2025 re 2 MOTION for Preliminary Injunction. Counsel present: V. Eidelman, S. Kim, L. Yu, and L. Labinger for Plaintiffs; K. Bolan for Defendants. V. Eidelman and S. Kim argue their Motion for Preliminary Injunction; Court questions counsel throughout; K. Bolan argues objection to Motion; Court questions counsel throughout; V. Eidelman and S. Kim present rebuttal; Court questions counsel throughout. Court takes motion under advisement. Recess. (Court Reporter D. Veitch in Courtroom 3 at 10:05 AM.) (Simoncelli, Michael)

MEMORANDUM and ORDER denying 2 Motion for Preliminary Injunction; denying 2 Motion to Expedite; denying 2 Motion for TRO. So Ordered by Senior District Judge William E Smith on 4/3/2025. (Entered: 04/03/2025)

Notice of Hearing (Form Attached)

NOTICE of Hearing: Zoom Chambers Conference set for 4/17/2025 before Senior District Judge William E Smith. Zoom meeting ID/passcode provided to counsel of record by email. (Simoncelli, Michael)

STIPULATION Accepting Service of the Summons and Complaint filed by All Plaintiffs. (Eidelman, Vera) (Entered: 04/09/2025)

Notice of Hearing (Form Attached)

NOTICE of Hearing: Zoom Chambers Conference rescheduled to 4/23/2025 at 02:00 PM before Senior District Judge William E Smith. Zoom Meeting ID/Passcode provided to counsel of record by email. (Simoncelli, Michael)

Notice of Hearing (Form Attached)

Status Conference

Minute Entry for proceedings held before Senior Judge William E Smith: Zoom Status Conference held on 4/23/2025. Participants: S. Kim, L. Yu, D. Cole, and L. Labinger for Plaintiffs; K. Bolan for Defendants. (Zoom Video Conference at 2:00 PM.) (Simoncelli, Michael)

NOTICE of Hearing:Zoom Status Conference set for 5/5/2025 at 02:00 PM before Senior Judge William E Smith. This is an attorneys-only conference, and Zoom ID/Passcode provided to counsel of record by email. (Simoncelli, Michael)

Order

Status Conference

Minute Entry for proceedings held before Senior Judge William E. Smith: Status Conference held on 5/5/2025. Participants: V. Eidelman, S. Kim, L. Yu, and L. Labinger for Plaintiffs; K. Bolan for Defendants. Court to issue schedule re: filing of amended complaint and answer, discovery requests, and cross-motions for summary judgment. (Zoom Video Conference at 2:00 PM) (Simoncelli, Michael)

TEXT ORDER: Plaintiffs to file an amended complaint by May 12, 2025, and Defendants to file their answer, along with the complete administrative record, by May 27, 2025. Plaintiffs to issue discovery requests to the Defendants by May 12, 2025; Defendants to file their objections to the discovery requests by May 19, 2025; and Plaintiffs to respond to Defendants' objections by May 27, 2025. The objections and responses shall be no longer than 5 pages. Plaintiffs to file their cross-motion for summary judgment by June 30, 2025; Defendants to file their cross-motion for summary judgment and their response to Plaintiffs' cross-motion for summary judgment by July 18, 2025; Plaintiffs to file their reply in support of their cross-motion for summary judgment and response to Defendants' cross-motion for summary judgment by August 1, 2025; and Defendants to file their reply in support of their cross-motion for summary judgment by August 8, 2025. So Ordered by Senior Judge William E. Smith on 5/5/2025. (Simoncelli, Michael)

AMENDED COMPLAINT against All Defendants, filed by Theatre Communications Group, Rhode Island Latino Arts, The Theater Offensive, National Queer Theater. (Attachments: # 1 Amended Complaint in Redline)(Eidelman, Vera) (Entered: 05/12/2025)

1 Amended Complaint in Redline

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NOTICE by National Queer Theater, Rhode Island Latino Arts, The Theater Offensive, Theatre Communications Group of Discovery Request (Eidelman, Vera) (Entered: 05/12/2025)

MOTION for Protective Order to Preclude Extra-Record Discovery filed by All Defendants. Responses due by 6/2/2025. (Attachments: # 1 Exhibit)(Bolan, Kevin) (Entered: 05/19/2025)

RESPONSE In Opposition to 17 MOTION for Protective Order to Preclude Extra-Record Discovery filed by All Plaintiffs. Replies due by 6/3/2025. (Eidelman, Vera) (Entered: 05/27/2025)

ADMINISTRATIVE RECORD filed by Mary Anne Carter, National Endowment for the Arts NOTICE: In order to view this document, you must first log in using your CMECF Filer login.. (Bolan, Kevin) (Entered: 05/27/2025)

ANSWER to 15 Amended Complaint by Mary Anne Carter, National Endowment for the Arts.(Bolan, Kevin) (Entered: 05/27/2025)

Order on Motion for Protective Order

TEXT ORDER denying in part and granting in part Defendants' Motion for Protective Order, Dkt. No. 17. The NEA's "explanation of its intended action to implement EO 14168," see generally, id. Ex. 1, Dkt. No. 17-1, suggests the Chair will treat a grant application's perceived promotion of "gender ideology," as defined by the EO, as either a disqualifying factor or a factor weighing against approval during the final stage of the application review process. That conclusion is not free from doubt, however, given some (potentially intentional) ambiguity. To address this, the Court will permit the limited discovery reflected in Plaintiffs' three requests for admission, and thus Defendants' Motion for Protective Order is denied in that respect. Although the Court recognizes there is a presumption against discovery in Administrative Procedure Act ("APA") cases, "supplementation of the record may be permissible where there is a 'failure to explain administrative action as to frustrate effective judicial review.'" Olsen v. United States, 414 F.3d 144, 155-56 (1st Cir. 2005) (quoting Camp v. Pitts, 411 U.S. 138, 142-43 (1973)). Answers to the three simple questions posed by Plaintiffs in their requests for admission will facilitate effective judicial review. Answers to Plaintiffs' interrogatories, on the other hand, are not necessary for effective judicial review at this time. Defendants' Motion for Protective Order is therefore granted as to the interrogatories; however, if Defendants' answers to Plaintiffs' requests for admission fail to clarify matters, the Court may revisit this issue. Accordingly, Defendants' Motion for Protective Order, Dkt. No. 17, is DENIED as to Plaintiffs' requests for admission and GRANTED as to Plaintiffs' interrogatories. Answers to the requests for admission must be filed by June 11, 2025, at 5:00 pm. So Ordered by Senior Judge William E. Smith on 6/4/2025. (Simoncelli, Michael)

NOTICE by Mary Anne Carter, National Endowment for the Arts -- Resps. to Pls.' RFAs (Bolan, Kevin) (Entered: 06/11/2025)

MOTION for Summary Judgment filed by All Plaintiffs. Responses due by 7/14/2025. (Attachments: # 1 Supporting Memorandum Memorandum of Law in Support of Motion for Summary Judgement, # 2 Affidavit Supplemental Declaration of Vera Eidelman, # 3 Affidavit Second Supplemental Declaration of TCG, # 4 Affidavit Supplemental Declaration of NQT, # 5 Affidavit Supplemental Declaration of TTO, # 6 Affidavit Second Supplemental Declaration of RILA)(Eidelman, Vera) (Entered: 06/30/2025)

1 Supporting Memorandum Memorandum of Law in Support of Motion for Summary Judgeme

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2 Affidavit Supplemental Declaration of Vera Eidelman

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3 Affidavit Second Supplemental Declaration of TCG

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4 Affidavit Supplemental Declaration of NQT

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5 Affidavit Supplemental Declaration of TTO

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6 Affidavit Second Supplemental Declaration of RILA

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STATEMENT OF UNDISPUTED FACTS by All Plaintiffs re 22 MOTION for Summary Judgment . (Eidelman, Vera) (Entered: 06/30/2025)

Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Summary-Judgment Motion filed by All Defendants. Responses due by 7/30/2025. (Attachments: # 1 Exhibit Bolan Decl. and Exs. A to D)(Bolan, Kevin) (Entered: 07/16/2025)

1 Exhibit Bolan Decl. and Exs. A to D

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STATEMENT OF UNDISPUTED FACTS and Response to Plaintiffs' Statement of Facts by All Defendants re 24 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Summary-Judgment Motion. (Attachments: # 1 Exhibit Beattie Decl. and Exs. A & B)(Bolan, Kevin) (Entered: 07/16/2025)

RESPONSE In Opposition to 22 MOTION for Summary Judgment filed by All Defendants. Replies due by 7/23/2025. (Hill, Cherelle) (Entered: 07/18/2025)

RESPONSE In Opposition to 22 MOTION for Summary Judgment Statement of Facts and Their Separate Statement of Undisputed Facts filed by All Defendants. Replies due by 7/25/2025. (Attachments: # 1 Exhibit Beattie Decl. with Exs. A and B)(Bolan, Kevin) (Entered: 07/18/2025)

1 Exhibit Beattie Decl. with Exs. A and B

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RESPONSE In Opposition to 24 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Summary-Judgment Motion filed by All Plaintiffs. Replies due by 8/8/2025. (Eidelman, Vera) (Entered: 08/01/2025)

RESPONSE IN OPPOSITION by National Queer Theater, Rhode Island Latino Arts, The Theater Offensive, Theatre Communications Group re 25 Statement of Undisputed Facts, . (Eidelman, Vera) (Entered: 08/01/2025)

STATEMENT OF UNDISPUTED FACTS (Additional) by All Plaintiffs re 28 Response to Motion. (Attachments: # 1 Affidavit Second Supplemental Declaration of Vera Eidelman with Exs. 1, 2, 3, 4, 5)(Eidelman, Vera) (Entered: 08/01/2025)

1 Affidavit Second Supplemental Declaration of Vera Eidelman with Exs. 1, 2, 3, 4,

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REPLY to Response re 26 Response to Motion for Summary Judgement filed by All Plaintiffs. (Eidelman, Vera) (Entered: 08/01/2025)

REPLY to Response re 28 Response to Motion for Summary Judgment filed by All Defendants. (Bolan, Kevin) (Entered: 08/08/2025)

STATEMENT OF DISPUTED FACTS by All Defendants re 29 Response in Opposition, 30 Statement of Undisputed Facts. (Attachments: # 1 Exhibit Suppl. Decl. of Daniel Beattie with Exs. A & B)(Bolan, Kevin) (Entered: 08/08/2025)