Case: Massachusetts Fair Housing Center v. Department of Housing and Urban Development

3:25-cv-30041 | U.S. District Court for the District of Massachusetts

Filed Date: March 13, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the U.S. Department of Housing and Urban Development’s termination of 78 Fair Housing Initiatives Program (FHIP) grants. On February 27, 2025, the Department of Housing and Urban Development (HUD) sent termination notices to 66 fair housing organizations, citing Executive Order 14158, titled "Establishing and Implementing the President's 'Department of Government Efficiency,'" which stated that the grants no longer advanced program goals or agency priorities. The terminatio…

This case challenges the U.S. Department of Housing and Urban Development’s termination of 78 Fair Housing Initiatives Program (FHIP) grants. On February 27, 2025, the Department of Housing and Urban Development (HUD) sent termination notices to 66 fair housing organizations, citing Executive Order 14158, titled "Establishing and Implementing the President's 'Department of Government Efficiency,'" which stated that the grants no longer advanced program goals or agency priorities. The terminations were allegedly carried out without prior notice and at the direction of the U.S. Department of Government Efficiency (DOGE). To view the Clearinghouse’s collection of legal challenges related to spending cuts and actions by the Department of Government Efficiency under the second Trump administration, click here.

On March 13, 2025, four fair housing non-profit organizations filed this class action lawsuit in the U.S. District Court for the District of Massachusetts against HUD, the DOGE Service, the DOGE Temporary Organization, and their respective agency heads under the Administrative Procedure Act. Plaintiffs alleged that, contrary to HUD’s justification, the plaintiffs had been fulfilling the purpose of the FHIP grants by identifying and addressing housing discrimination to support enforcement of the Fair Housing Act. As a result, they argued that HUD’s actions were arbitrary, capricious, and unlawful, and that DOGE exceeded its authority by directing the operations of a federal agency. Judge Richard G. Stearns presides over the case. 

The same day, plaintiffs filed emergency motions for class certification and a temporary restraining order. The plaintiffs’ proposed class consisted of “[a]ll FHIP grantees whose grants were terminated pursuant to Executive Order 14158, as communicated through a February 27 form letter, directing termination at the Department of Government Efficiency’s instruction on the basis that the grant award ‘no longer effectuates the program goals or agency priorities.’”

Plaintiffs sought an order prohibiting HUD from terminating the FHIP grant agreements and mandating that HUD continue funding the grants, emphasizing the time-sensitive nature of the programs. They also sought an immediate reinstatement of the terminated grants and restoration of their access to HUD’s systems, including the e-snaps grant management system, to enable them to continue their work. Additionally, the plaintiffs asked the court to preserve the status quo by maintaining the grants until a final ruling could be issued, preventing irreparable harm to both the plaintiffs and the communities they serve.

The court heard the motion for a temporary restraining order on March 25, 2025, and granted a 14-day TRO to the plaintiffs on March 26. 2025 WL 941380. The court ordered the defendants to immediately reinstate any FHIP grants terminated in the February 27, 2025, Termination Letter and temporarily enjoined them from reissuing the letter under a different name or terminating any FHIP grants except as allowed by law. Additionally, the court required the defendants to notify their employees and all recipients of the February 27 Letter about the TRO by March 27 and to file a status report confirming compliance by March 28. On April 1, the court extended the TRO through May 16, 2025.

On April 7, 2025, the defendants moved to dissolve the TRO. The court granted this motion on April 14, citing the Supreme Court’s recent stay of a similar order in Department of Education v. California, 604 U.S. ___ (2025) (per curiam), and stated:

Because plaintiffs assert essentially the same claim here -- that the agency did not terminate the grant in accordance with statutory or regulatory authority -- it follows that plaintiffs are likewise likely seeking to enforce a contractual obligation to pay money. This decision should not be read as an endorsement of the brusque and seemingly insensitive way in which the terminations were announced, nor as casting doubt on the First Circuit's assessment that the plaintiffs in the California case may well succeed on the merits of at least some of their claims. The court is merely deferring (as it must) to the Supreme Court's unmistakable directive that, for jurisdictional purposes, the proper forum for this case is the Court of Federal Claims.

On April 15, 2025, the plaintiffs sought a stay of all proceedings pending appeal. They argued that a stay was appropriate because they planned to seek expedited review of the jurisdictional issue and faced irreparable harm without their FHIP awards, making the stay likely to be brief. They asserted that the defendants faced no risk of harm, as the TRO was no longer in effect. Plaintiffs maintained that the appeal raised a serious legal question requiring guidance from the First Circuit, given that district courts had issued conflicting rulings on the jurisdictional issue. Finally, they argued that a stay would promote judicial economy and prevent unnecessary duplication of effort by the court and the parties, particularly with respect to a separate ultra vires claim. Judge Stearns granted the stay that same day.

On April 16, 2025, the plaintiffs appealed the April 14 dissolution of the TRO to the First Circuit.

On May 6, 2025, a private individual filed a motion to join the case as a plaintiff. On May 16, the existing plaintiffs opposed the motion, arguing that the district court lacked jurisdiction while the case was on appeal. On May 19, Judge Stearns denied the motion, explaining that once a notice of appeal is filed, the district court no longer has authority to alter the status of the case. He cited Griggs v. Provident and further noted that non-lawyer pro se litigants are not permitted to appear on behalf of others.

This case remains pending in the district court, with oral argument in the First Circuit scheduled for July 30, 2025.

Summary Authors

Sylvia Al-Mateen (4/23/2025)

Victoria Tan (8/5/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69733424/parties/massachusetts-fair-housing-center-v-department-of-housing-and-urban/


Judge(s)
Attorney for Plaintiff

Colfax, Reed (Massachusetts)

Attorney for Defendant

Canzoneri, Julian N. (Massachusetts)

Expert/Monitor/Master/Other

Bilford, Brian

Bonta, Robert

Campbell, Andrea J.

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Documents in the Clearinghouse

Document
1

3:25-cv-30041

Class Action Complaint

March 13, 2025

March 13, 2025

Complaint
4

3:25-cv-30041

Plaintiffs' Emergency Motion for a Temporary Restraining Order

March 13, 2025

March 13, 2025

Pleading / Motion / Brief
2

3:25-cv-30041

Plaintiffs' Emergency Motion for Provisional Class Certification

March 13, 2025

March 13, 2025

Pleading / Motion / Brief
21

3:25-cv-30041

Defendants' Combined Opposition to Plaintiffs' Emergency Motion for Provisional Class Certification and Plaintiffs' Emergency Motion for a Temporary Restraining Order

March 21, 2025

March 21, 2025

Pleading / Motion / Brief
31

3:25-cv-30041

Temporary Restraining Order

March 26, 2025

March 26, 2025

Order/Opinion

2025 WL 941380

34

3:25-cv-30041

HUD Defendants’ Status Report

March 28, 2025

March 28, 2025

Correspondence
38

3:25-cv-30041

Memorandum in Support of Defendants' Motion to Dissolve the Temporary Restraining Order and Stay Proceedings

April 7, 2025

April 7, 2025

Pleading / Motion / Brief
46

3:25-cv-30041

Plaintiffs’ Assented-To Motion for a Stay

April 15, 2025

April 15, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69733424/massachusetts-fair-housing-center-v-department-of-housing-and-urban/

Last updated Sept. 3, 2025, 7:07 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Department of Housing and Urban Development, Amy Gleason, Scott Turner, U.S. DOGE Service, U.S. DOGE Service Temporary Organization Filing fee: $ 405, receipt number AMADC-10890671 (Fee Status: Filing Fee paid), filed by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Ordorica, Daniel) (Entered: 03/13/2025)

1 Civil Cover Sheet

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2 Category Form

View on RECAP

March 13, 2025

March 13, 2025

Clearinghouse
10

MOTION for Leave to Appear Pro Hac Vice for admission of Yiyang Wu Filing fee: $ 125, receipt number AMADC-10891003 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of Y. Wu in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
11

MOTION for Leave to Appear Pro Hac Vice for admission of Zoila Hinson Filing fee: $ 125, receipt number AMADC-10891014 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of Z. Hinson in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
2

Emergency MOTION to Certify Class by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Text of Proposed Order)(Ordorica, Daniel) (Entered: 03/13/2025)

1 Text of Proposed Order

View on PACER

March 13, 2025

March 13, 2025

Clearinghouse
3

MEMORANDUM in Support re 2 Emergency MOTION to Certify Class filed by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Exhibit 1, Declaration of L. Rice, # 2 Exhibit 2, Declaration of M. St. Cyr, # 3 Exhibit 3, Declaration of Z. Olson, # 4 Exhibit 4, Declaration of S. Tamez, # 5 Exhibit 5, Declaration of C. Pleasants, # 6 Exhibit 6, Declaration of R. Colfax)(Ordorica, Daniel) (Entered: 03/13/2025)

1 Exhibit 1, Declaration of L. Rice

View on RECAP

2 Exhibit 2, Declaration of M. St. Cyr

View on RECAP

3 Exhibit 3, Declaration of Z. Olson

View on RECAP

4 Exhibit 4, Declaration of S. Tamez

View on RECAP

5 Exhibit 5, Declaration of C. Pleasants

View on RECAP

6 Exhibit 6, Declaration of R. Colfax

View on RECAP

March 13, 2025

March 13, 2025

RECAP
4

Emergency MOTION for Temporary Restraining Order by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Text of Proposed Order)(Ordorica, Daniel) (Entered: 03/13/2025)

1 Text of Proposed Order

View on PACER

March 13, 2025

March 13, 2025

Clearinghouse
5

MEMORANDUM in Support re 4 Emergency MOTION for Temporary Restraining Order filed by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Exhibit 1, Executive Order 14158, # 2 Exhibit 2, Declaration of M. St. Cyr, # 3 Exhibit 3, Declaration of Z. Olson, # 4 Exhibit 4, Declaration of S. Tamez, # 5 Exhibit 5, Declaration of C. Pleasants, # 6 Exhibit 6, Declaration of L. Rice)(Ordorica, Daniel) (Entered: 03/13/2025)

1 Exhibit 1, Executive Order 14158

View on PACER

2 Exhibit 2, Declaration of M. St. Cyr

View on PACER

3 Exhibit 3, Declaration of Z. Olson

View on PACER

4 Exhibit 4, Declaration of S. Tamez

View on PACER

5 Exhibit 5, Declaration of C. Pleasants

View on RECAP

6 Exhibit 6, Declaration of L. Rice

View on PACER

March 13, 2025

March 13, 2025

RECAP
6

MOTION for Leave to Appear Pro Hac Vice for admission of Lila Miller Filing fee: $ 125, receipt number AMADC-10890885 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of L. Miller in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
7

MOTION for Leave to Appear Pro Hac Vice for admission of Rebecca Livengood Filing fee: $ 125, receipt number AMADC-10890940 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of R. Livengood in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
8

MOTION for Leave to Appear Pro Hac Vice for admission of Reed Colfax Filing fee: $ 125, receipt number AMADC-10890964 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of R. Colfax in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
9

MOTION for Leave to Appear Pro Hac Vice for admission of Robert Hunter Filing fee: $ 125, receipt number AMADC-10890987 by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of R. Hunter in Support of Motion to Appear Pro Hac Vice)(Ordorica, Daniel) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
12

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. (Farrell, Robert) (Entered: 03/15/2025)

March 15, 2025

March 15, 2025

PACER
13

Judge Richard G. Stearns: ELECTRONIC ORDER entered. By close of business on Monday March 17, 2025, plaintiffs shall serve copies of 2 Emergency Motion to Certify Class, 4 Emergency Motion for Temporary Restraining Order, 1 Complaint, and this Order on defendants. Defendants will have until close of business on Friday, March 21, 2025 to file any opposition. The court will schedule a hearing for the following week. (RGS, law3) (Entered: 03/15/2025)

March 15, 2025

March 15, 2025

PACER

Notice of Case Assignment

March 15, 2025

March 15, 2025

PACER

Order

March 15, 2025

March 15, 2025

PACER
14

ELECTRONIC NOTICE Setting Hearing on Motion 2 Emergency MOTION to Certify Class, 4 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 3/25/2025 10:00 AM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (TRM) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
15

ELECTRONIC NOTICE Resetting Hearing on Motion 2 Emergency MOTION to Certify Class, 4 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 3/25/2025 02:30 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (***TIME CHANGE ONLY***) (TRM) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER

Notice Setting or Resetting Hearing on Motion

March 18, 2025

March 18, 2025

PACER
16

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice Added Lila Miller, granting 7 Motion for Leave to Appear Pro Hac Vice Added Rebecca Livengood, granting 8 Motion for Leave to Appear Pro Hac Vice Added Reed Colfax, granting 9 Motion for Leave to Appear Pro Hac Vice Added Robert Hunter, granting 10 Motion for Leave to Appear Pro Hac Vice Added Yiyang Wu and granting 11 Motion for Leave to Appear Pro Hac Vice Added Zoila Hinson. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

PACER
17

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (JAM) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

PACER
18

Summons Issued as to Department of Housing and Urban Development, Amy Gleason, Scott Turner, U.S. DOGE Service, U.S. DOGE Service Temporary Organization. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (JAM) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

PACER
19

NOTICE of Appearance by Julian N. Canzoneri on behalf of U.S. DOGE Service Temporary Organization, Amy Gleason, Department of Housing and Urban Development, Scott Turner, U.S. DOGE Service (Canzoneri, Julian) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

PACER
20

NOTICE of Appearance by Lila Miller on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Miller, Lila) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

PACER
21

Opposition re 4 Emergency MOTION for Temporary Restraining Order, 2 Emergency MOTION to Certify Class filed by U.S. DOGE Service Temporary Organization, Amy Gleason, Department of Housing and Urban Development, Scott Turner, U.S. DOGE Service. (Attachments: # 1 Exhibit 1)(Canzoneri, Julian) (Entered: 03/21/2025)

1 Exhibit 1

View on RECAP

March 21, 2025

March 21, 2025

Clearinghouse

Notice of Case Assignment

March 21, 2025

March 21, 2025

PACER

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

March 21, 2025

March 21, 2025

PACER
22

Assented to MOTION for Leave to File Reply in Support of Plaintffs' Emergency Motions for Provisional Class Certification and for a Temporary Restraining Order by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Reply in Support of Plaintiffs' Emergency Motion for a Temporary Restraining Order, # 2 Exhibit 1, Supplemental Declaration of M. St. Cyr, # 3 Exhibit 2, Supplemental Declaration of S. Tamez, # 4 Exhibit 3, Amended Proposed Temporary Restraining Order)(Miller, Lila) (Entered: 03/24/2025)

1 Reply in Support of Plaintiffs' Emergency Motion for a Temporary Restraini

View on RECAP

2 Exhibit 1, Supplemental Declaration of M. St. Cyr

View on RECAP

3 Exhibit 2, Supplemental Declaration of S. Tamez

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4 Exhibit 3, Amended Proposed Temporary Restraining Order

View on RECAP

March 24, 2025

March 24, 2025

PACER
23

NOTICE of Appearance by Rebecca Livengood on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Livengood, Rebecca) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
24

NOTICE of Appearance by Reed Colfax on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Colfax, Reed) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
25

NOTICE of Appearance by Robert William Hunter on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Hunter, Robert) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
26

NOTICE of Appearance by Yiyang Wu on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Wu, Yiyang) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
27

NOTICE of Appearance by Zoila E. Hinson on behalf of Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center (Hinson, Zoila) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
28

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 22 Motion for Leave to File Reply in Support of Plaintffs' Emergency Motions for Provisional Class Certification and for a Temporary Restraining Order. (JAM) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
29

REPLY in Support of 4 Emergency MOTION for Temporary Restraining Order filed by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (JAM) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

RECAP
30

ELECTRONIC NOTICE Setting Hearing on Motion 2 Emergency MOTION to Certify Class, 4 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 3/25/2025 02:30 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (TRM) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER

Order on Motion for Leave to File Document

March 24, 2025

March 24, 2025

PACER

Notice Setting or Resetting Hearing on Motion

March 24, 2025

March 24, 2025

PACER
31

Judge Richard G. Stearns: ORDER entered granting 4 Motion for TRO. (RGS, law3)

March 26, 2025

March 26, 2025

Clearinghouse
32

Assented to MOTION for Extension of Time by U.S. DOGE Service Temporary Organization, Amy Gleason, Department of Housing and Urban Development, Scott Turner, U.S. DOGE Service.(Canzoneri, Julian) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

Clearinghouse
33

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 32 Motion for Extension of Time. (RGS, law3) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

PACER
34

STATUS REPORT by Department of Housing and Urban Development, Scott Turner. (Canzoneri, Julian) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

Clearinghouse

Order on Motion for Extension of Time

March 28, 2025

March 28, 2025

PACER
35

Recommendations for Scheduling Order from All Parties. (Miller, Lila) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER
36

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 35 Recommendations for Scheduling Order. The court will adopt defendants' proposed briefing schedule and extend the TRO through May 16, 2025. (RGS, law3) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER

Order

April 1, 2025

April 1, 2025

PACER
37

MOTION to Dissolve the Temporary Restraining Order re 31 Order on Motion to Certify Class, Order on Motion for TRO by U.S. DOGE Service Temporary Organization, Amy Gleason, Department of Housing and Urban Development, Scott Turner, U.S. DOGE Service.(Canzoneri, Julian) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
38

MEMORANDUM in Support re 37 MOTION to Dissolve the Temporary Restraining Order re 31 Order on Motion to Certify Class, Order on Motion for TRO filed by U.S. DOGE Service Temporary Organization, Amy Gleason, Department of Housing and Urban Development, Scott Turner, U.S. DOGE Service. (Canzoneri, Julian) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

Clearinghouse
39

Recommendations for Scheduling Order . (Miller, Lila) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

RECAP
40

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 39 Recommendations for Scheduling Order. The court will allow plaintiffs until no later than 12:00 PM EST on Friday, April 11, 2025 to oppose 37 Motion to Dissolve.(RGS, law3) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

PACER

Order

April 8, 2025

April 8, 2025

PACER
41

Opposition re 37 MOTION to Dissolve the Temporary Restraining Order re 31 Order on Motion to Certify Class, Order on Motion for TRO filed by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. (Attachments: # 1 Exhibit 1, Declaration of Maureen St. Cyr)(Miller, Lila) (Entered: 04/11/2025)

1 Exhibit 1, Declaration of Maureen St. Cyr

View on RECAP

April 11, 2025

April 11, 2025

Clearinghouse
42

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 37 Motion.Defendants move to dissolve this court's 31 Temporary Restraining Order based on the Supreme Court's recent stay of a similar order in Department of Education v. California, 604 U.S. -- (2025) (per curiam). Plaintiffs oppose the motion on two grounds: (1) that plaintiffs "face exactly the type of irreversible injury that the" Supreme Court found lacking in the California Order, namely, a threat to their continued viability; and (2) that plaintiffs' "claims in this case derive exclusively from federal statute," in contrast to the claims in California, which purportedly derived "directly from the terms of the grant agreements at issue." Opp'n [Dkt # 41] at 1. For the following reasons, the court will allow the motion.The court begins, and ends, its analysis with plaintiffs' second argument (because, if the court likely lacks jurisdiction, there is no longer any likelihood of success on the merits -- at least, not for the purposes of this specific action in this specific forum -- which moots any inquiry into irreparable harm). Plaintiffs correctly note that, unlike the operative complaint here, the Complaint in California references "the terms of the grant agreements at issue." Id. What plaintiffs ignore, however, is that these references occur only in the context of buttressing the larger APA-based argument that the Department of Education did not terminate the grants in accordance with any statutory or regulatory authorization (the Department of Education simply cited to 2 C.F.R. § 200.340(a)(4) as authorizing the termination of the grants); the Complaint itself does not assert any independent claim based on the language of the grant agreement. The Supreme Court nonetheless found that the government was likely to succeed in showing that the plaintiffs in California sought to enforce a contractual obligation to pay money. Because plaintiffs assert essentially the same claim here -- that the agency did not terminate the grant in accordance with statutory or regulatory authority -- it follows that plaintiffs are likewise likely seeking to enforce a contractual obligation to pay money. This decision should not be read as an endorsement of the brusque and seemingly insensitive way in which the terminations were announced nor as casting doubt on the First Circuit's assessment that the plaintiffs in the California case may well likely succeed on the merits of at least some of their claims. The court is merely deferring (as it must) to the Supreme Court's unmistakable directive that, for jurisdictional purposes, the proper forum for this case is the Court of Federal Claims. (RGS, law3) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER

Order on Motion for Miscellaneous Relief

April 14, 2025

April 14, 2025

PACER
43

SUMMONS Returned Executed Department of Housing and Urban Development served on 3/31/2025, answer due 4/21/2025. (Miller, Lila) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
44

SUMMONS Returned Executed Scott Turner served on 3/31/2025, answer due 4/21/2025. (Miller, Lila) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
45

AFFIDAVIT OF SERVICE Executed by San Antonio Fair Housing Council, Inc., Intermountain Fair Housing Council, Massachusetts Fair Housing Center, Housing Research and Advocacy Center. Amy Gleason served on 4/10/2025, answer due 5/1/2025; U.S. DOGE Service served on 4/10/2025, answer due 5/1/2025; U.S. DOGE Service Temporary Organization served on 4/10/2025, answer due 5/1/2025. Acknowledgement filed by San Antonio Fair Housing Council, Inc.; Intermountain Fair Housing Council; Massachusetts Fair Housing Center; Housing Research and Advocacy Center. (Attachments: # 1 Affidavit of Certified Mail Service on Defendants, # 2 Exhibit A)(Miller, Lila) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
46

Assented to MOTION to Stay by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center.(Miller, Lila) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

Clearinghouse
47

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 46 Motion to Stay. (JAM) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER

Order on Motion to Stay

April 15, 2025

April 15, 2025

PACER
48

NOTICE OF APPEAL as to 42 Order on Motion for Miscellaneous Relief,,,,,,,,,,, by Massachusetts Fair Housing Center, Intermountain Fair Housing Council, San Antonio Fair Housing Council, Inc., Housing Research and Advocacy Center. Filing fee: $ 605, receipt number AMADC-10954968 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/6/2025. (Miller, Lila) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

Clearinghouse
49

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 48 Notice of Appeal. (MAP) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
50

USCA Case Number 25-1368 for 48 Notice of Appeal, filed by Housing Research and Advocacy Center, Intermountain Fair Housing Council, Massachusetts Fair Housing Center, San Antonio Fair Housing Council, Inc.. (MAP) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER

USCA Case Number

April 16, 2025

April 16, 2025

PACER
51

MOTION by Perspective Plaintiffs for Joinder as Plaintiffs in the Instant Action filed by Brandon Price, Representative of Perspective Plaintiffs. (JAM) (Entered: 05/07/2025)

May 6, 2025

May 6, 2025

RECAP
52

Opposition re 51 MOTION for Joinder filed by Housing Research and Advocacy Center, Intermountain Fair Housing Council, Massachusetts Fair Housing Center, San Antonio Fair Housing Council, Inc.. (Attachments: # 1 Text of Proposed Order Denying Motion by Prospective Plaintiffs for Joinder as Plaintiffs in the Instant Action)(Miller, Lila) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

PACER
53

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 51 Motion for Joinder.The court lacks jurisdiction to change the status quo while the case is on appeal before the First Circuit. See Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) (noting that the filing of a notice of appeal "confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal"). The motion accordingly is denied. To the extent the prospective plaintiffs intend to renew their motion at a future stage, however, the court reminds them that "[a]n individual appearing pro se may not represent any other party and may not authorize any other individual who is not a member of the bar of this district to appear on his or her behalf." L.R. 83.5.5(b); see also Herrera-Venegas v. Sanchez-Rivera, 681 F.2d 41, 42 (1st Cir. 1982) ("By law an individual may appear in federal courts only pro se or through [licensed] legal counsel."), citing 28 U.S.C § 1654. This means that Brandon Price, a non-lawyer, may not represent any other individual in court. (RGS, law3) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

PACER
54

Copy re 53 Order on Motion for Joinder mailed to Brandon Price at 6751 Stockport Cove Memphis, TN 38141 on 5/19/2025. (JAM) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

PACER

Copy Mailed

May 19, 2025

May 19, 2025

PACER

Order on Motion for Joinder

May 19, 2025

May 19, 2025

PACER
55

MOTION by Perspective Plaintiffs for Appointment of Class Counsel filed by Brandon Price. (Attachments: # 1 Cover Letter, # 2 Exhibit A, # 3 Envelope) (NMC) (Entered: 05/23/2025)

1 Cover Letter

View on PACER

2 Exhibit A

View on PACER

3 Envelope

View on PACER

May 23, 2025

May 23, 2025

RECAP
56

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 55 Motion. As the court previously informed perspective plaintiffs, it lacks jurisdiction to change the status quo while the case is on appeal before the First Circuit. See Dkt # 53, citing Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) (noting that the filing of a notice of appeal "confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal"). The motion accordingly is denied. (RGS, law3) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER
57

Copy re 56 Order on Motion for Miscellaneous Relief mailed to Brandon Price at 6751 Stockport Cove Memphis, TN 38141 on 5/29/2025. (JAM) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER

Order on Motion for Miscellaneous Relief

May 29, 2025

May 29, 2025

PACER

Copy Mailed

May 29, 2025

May 29, 2025

PACER
58

MOTION for Reconsideration re 56 Order on Motion for Miscellaneous Relief filed by Perspective Plaintiffs. (JAM) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

RECAP
59

MOTION for Continuance to Respond to Plaintiffs Response in Opposition to Motion filed by Perspective Plaintiffs. (JAM) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

PACER
60

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 58 Motion for Reconsideration; denying 59 Motion.Consistent with Dkt ## 53 and 56, the court will deny the pending motions for lack of jurisdiction. Prospective plaintiffs ask this court to change the caption of the case and add parties who are not the direct recipient of grant funds. This would impermissibly alter the status quo while the case is on appeal. (RGS, law3) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
61

Copy re 59 Order on Motion for Continuance to Respond to Plaintiffs Response in Opposition to Motion and 60 Order on Motion for Reconsideration mailed to Brandon Price at 6751 Stockport Cove Memphis, TN 38141 on 6/17/2025. (JAM) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER

Order on Motion for Miscellaneous Relief AND Order on Motion for Reconsideration

June 17, 2025

June 17, 2025

PACER

Copy Mailed

June 17, 2025

June 17, 2025

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Fair Housing/Lending/Insurance

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: March 13, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four fair housing nonprofit organizations and a proposed class consisting of “all FHIP grantees whose grants were terminated based on a decision, as communicated through a February 27 form letter, to terminate the grants pursuant to Executive Order 14158, at the direction of the U.S. Department of Government Efficiency, on the grounds that the grant award ‘no longer effectuates the program goals or agency priorities.’”

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of Housing and Urban Development’s (HUD) (- United States (national) -), Federal

"Department of Government Efficiency” (“DOGE”) (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding

Housing

Presidential/Gubernatorial Authority:

DOGE (Department of Government Efficiency)

Impoundment (mandatory spending)