Case: Corporation for Public Broadcasting v. Federal Emergency Management Agency

National Council of Nonprofits v. Office of Management and Budget

COMPLAINT against FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON ( Filing fee $ 405 receipt number ADCDC-11540188) filed by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McElroy, Jason) (Entered: 03/13/2025)

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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NOTICE OF RELATED CASE by CORPORATION FOR PUBLIC BROADCASTING. Case related to Case No. 1:25-cv-00239-LLA. (McElroy, Jason) (Entered: 03/13/2025)

NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 03/13/2025)

MOTION for Temporary Restraining Order by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Memorandum in Support of Motion for Temporary Restraining Order, # 2 Exhibit 1 - Declaration of Daryl Mintz, # 3 Exhibit A - in Support of Declaration of Daryl Mintz, # 4 Exhibit B- in Support of Declaration of Daryl Mintz, # 5 Exhibit C- in Support of Declaration of Daryl Mintz, # 6 Exhibit D- in Support of Declaration of Daryl Mintz, # 7 Exhibit E- in Support of Declaration of Daryl Mintz, # 8 Exhibit F- in Support of Declaration of Daryl Mintz, # 9 Exhibit G- in Support of Declaration of Daryl Mintz, # 10 Exhibit H - in Support of Declaration of Daryl Mintz, # 11 Exhibit 2 - Declaration of Jeff Seifert, # 12 Exhibit 3 - Declaration of Mollie Kabler, # 13 Exhibit 4 - Declaration of Mitch Teich, # 14 Exhibit 5 - Declaration of Cindy Spizarny, # 15 Exhibit 6 - Declaration of Michael Gavin, # 16 Text of Proposed Order)(McElroy, Jason) (Entered: 03/13/2025)

1 Memorandum in Support of Motion for Temporary Restraining Order

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2 Exhibit 1 - Declaration of Daryl Mintz

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3 Exhibit A - in Support of Declaration of Daryl Mintz

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4 Exhibit B- in Support of Declaration of Daryl Mintz

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5 Exhibit C- in Support of Declaration of Daryl Mintz

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6 Exhibit D- in Support of Declaration of Daryl Mintz

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7 Exhibit E- in Support of Declaration of Daryl Mintz

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8 Exhibit F- in Support of Declaration of Daryl Mintz

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9 Exhibit G- in Support of Declaration of Daryl Mintz

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10 Exhibit H - in Support of Declaration of Daryl Mintz

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11 Exhibit 2 - Declaration of Jeff Seifert

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12 Exhibit 3 - Declaration of Mollie Kabler

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13 Exhibit 4 - Declaration of Mitch Teich

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14 Exhibit 5 - Declaration of Cindy Spizarny

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15 Exhibit 6 - Declaration of Michael Gavin

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16 Text of Proposed Order

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SUMMONS (3) Issued Electronically as to FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON, and U.S. Attorney General. (Attachment: # 1 Notice and Consent) (zjd) (Entered: 03/13/2025)

REQUEST FOR SUMMONS TO ISSUE to Edward R. Martin, Jr., US Attorney for the District of Columbia filed by CORPORATION FOR PUBLIC BROADCASTING.(McElroy, Jason) (Entered: 03/13/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph D. Lipchitz, Filing fee $ 100, receipt number ADCDC-11540987. Fee Status: Fee Paid. by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Declaration of Joseph D. Lipchitz in Support of Motion for Admission Pro Hac Vice, # 2 Certificates of Good Standing, # 3 Text of Proposed Order)(McElroy, Jason) (Entered: 03/13/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey S. Robbins, Filing fee $ 100, receipt number ADCDC-11540988. Fee Status: Fee Paid. by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Declaration of Jeffrey S. Robbins in Support of Motion for Admission Pro Hac Vice, # 2 Certificates of Good Standing, # 3 Text of Proposed Order)(McElroy, Jason) (Entered: 03/13/2025)

STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 3/13/2025. (lctjk1) (Entered: 03/13/2025)

Notice of Error- New Case

Case Assigned/Reassigned

Case Assigned to Judge Loren L. AliKhan. (zjd)

NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error needs correction: Missing summons- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney for the District of Columbia & U.S. Attorney General. Please submit the missing summons using the event Request for Summons to Issue. (zjd)

Case randomly reassigned to Judge Timothy J. Kelly. Judge Loren L. AliKhan is no longer assigned to the case as it is not related. (ztnr)

SUMMONS (1) Issued Electronically as to U.S. Attorney. (znmw) (Entered: 03/14/2025)

NOTICE of Appearance by Joseph Dominic Lipchitz, I on behalf of CORPORATION FOR PUBLIC BROADCASTING (Lipchitz, Joseph) (Entered: 03/14/2025)

NOTICE of Appearance by Jeffrey Scott Robbins on behalf of CORPORATION FOR PUBLIC BROADCASTING (Robbins, Jeffrey) (Entered: 03/14/2025)

NOTICE of Appearance by Peter Christopher Nanov on behalf of CORPORATION FOR PUBLIC BROADCASTING (Nanov, Peter) (Entered: 03/14/2025)

MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Joseph D. Lipchitz is hereby admitted pro hac vice on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Timothy J. Kelly on 3/14/2025. (lctjk1)

.Order AND ~Util - Set/Reset Deadlines AND ~Util - Set/Reset Deadlines/Hearings

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. Attorney Jeffrey S. Robbins is hereby admitted pro hac vice on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Timothy J. Kelly on 3/14/2025. (lctjk1)

Order

MINUTE ORDER: It is hereby ORDERED that Defendants shall file any opposition to Plaintiff's 4 Motion for Temporary Restraining Order by 5:00 p.m. on March 15, 2025. It is further ORDERED that the parties shall appear for a hearing on Plaintiff's 4 Motion on March 17, 2025, at 2:00 p.m. in Courtroom 11. Members of the public and the media are permitted to attend the hearing. There will not be a public telephone line connected; however, the courthouse media access room will be available. Signed by Judge Timothy J. Kelly on 3/14/2025. (lctjk1)

Memorandum in opposition to re 4 Motion for TRO,,, filed by FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON. (Attachments: # 1 Exhibit A)(Carilli, Joseph) (Entered: 03/15/2025)

1 Exhibit A

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REPLY to opposition to motion re 4 Motion for TRO,,, filed by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Exhibit 7 - Supplemental Declaration of Daryl Mintz, # 2 Exhibit 8 - Declaration of Evan Slavitt, # 3 Exhibit A in Support of Declaration of Evan Slavitt, # 4 Exhibit B in Support of Declaration of Evan Slavitt, # 5 Exhibit C in Support of Declaration of Evan Slavitt)(McElroy, Jason) (Entered: 03/16/2025)

1 Exhibit 7 - Supplemental Declaration of Daryl Mintz

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2 Exhibit 8 - Declaration of Evan Slavitt

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3 Exhibit A in Support of Declaration of Evan Slavitt

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4 Exhibit B in Support of Declaration of Evan Slavitt

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5 Exhibit C in Support of Declaration of Evan Slavitt

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NOTICE of Corrected Exhibit in Support of Reply Brief in support of Motion for a Temporary Restraining Order by CORPORATION FOR PUBLIC BROADCASTING re 15 Reply to opposition to Motion, (Attachments: # 1 Exhibit 8 - Declaration of Evan Slavitt)(Nanov, Peter) (Entered: 03/17/2025)

1 Exhibit 8 - Declaration of Evan Slavitt

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Motion Hearing

Order on Motion for TRO

Minute Entry for proceedings held before Judge Timothy J. Kelly: Motion Hearing held on 3/17/2025. For the reasons stated on the record, Plaintiff's 4 MOTION for Temporary Restraining Order is DENIED. (Court Reporter: Chandra Kean) (zkh)

MINUTE ORDER: For the reasons stated on the record at today's hearing, it is hereby ORDERED that Plaintiff's 4 Motion for Temporary Restraining Order is DENIED. Signed by Judge Timothy J. Kelly on 3/17/2025. (lctjk1)

TRANSCRIPT OF PROCEEDINGS (Ruling on TRO) before Judge Timothy J. Kelly held on Monday, March 17, 2025; Page Numbers: 1-20. Date of Issuance: March 18, 2025. Court Reporter/Transcriber Chandra Kean, RMR, Telephone number (202)354-3404, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.Redaction Request due 4/8/2025. Redacted Transcript Deadline set for 4/18/2025. Release of Transcript Restriction set for 6/16/2025.(Kean, Chandra) (Entered: 03/18/2025)

ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 3/17/2025. Answer due for ALL D.C. DEFENDANTS by 4/7/2025. (McElroy, Jason) Modified on 4/23/2025 (znmw). (Entered: 04/22/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/21/2025. (McElroy, Jason) (Entered: 04/22/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL EMERGENCY MANAGEMENT AGENCY served on 3/17/2025 (McElroy, Jason) (Entered: 04/22/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CAMERON HAMILTON served on 3/17/2025 (McElroy, Jason) (Entered: 04/22/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/17/2025. Answer due for ALL FEDERAL DEFENDANTS by 5/16/2025. (McElroy, Jason) (Entered: 04/23/2025)

Notice of Error

NOTICE OF ERROR regarding 18 Summons Returned Executed as to DC Attorney General. The following error(s) need correction: Incorrect event. Please refile as Summons Returned Executed as to US Attorney. (znmw)

Unopposed MOTION for Extension of Time to Respond to Complaint by FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON. (Carilli, Joseph) (Entered: 05/13/2025)

MINUTE ORDER: Upon consideration of Defendants' 23 Unopposed Motion for Extension of Time to Respond, it is hereby ORDERED, for good cause shown, that the motion is GRANTED. It is further ORDERED that Defendants shall respond to Plaintiff's complaint by May 30, 2025. Signed by Judge Timothy J. Kelly on 5/14/2025. (lctjk1)

Order on Motion for Extension of Time to

NOTICE OF SUBSTITUTION OF COUNSEL by Douglas C. Dreier on behalf of All Defendants Substituting for attorney Joseph F. Carilli, Jr. (Dreier, Douglas) (Entered: 05/19/2025)

MOTION for Briefing Schedule for Plaintiff's Forthcoming Motion for Preliminary Injunction by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Text of Proposed Order)(Nanov, Peter) (Entered: 05/23/2025)

Order

MINUTE ORDER: Before the Court is Plaintiff's 25 Motion for an Order Setting a Briefing Schedule for Plaintiff's Forthcoming Motion for Preliminary Injunction. It is hereby ORDERED that Defendants shall respond to Plaintiff's 25 Motion by May 28, 2025. Signed by Judge Timothy J. Kelly on 5/23/2025. (lctjk1)

MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON. (Bartholomew, Tabitha) (Entered: 05/27/2025)

Order

MINUTE ORDER: Before the Court is Defendants' 26 Motion for Extension of Time to File Answer. It is hereby ORDERED that Plaintiff shall respond to Defendants' 26 Motion by May 28, 2025. Signed by Judge Timothy J. Kelly on 5/27/2025. (lctjk1)

RESPONSE re 26 MOTION for Extension of Time to File Answer re 1 Complaint, filed by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Exhibit A)(McElroy, Jason) (Entered: 05/28/2025)

RESPONSE re 25 MOTION for Briefing Schedule for Plaintiff's Forthcoming Motion for Preliminary Injunction filed by FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON. (Bartholomew, Tabitha) (Entered: 05/28/2025)

MINUTE ORDER: Defendants move to extend the deadline to answer Plaintiff's complaint by 30 days. ECF No. 26. Plaintiff opposes the request. ECF No. 27. For the reasons set forth in Defendants' 26 Motion, including that Defendants' newly assigned counsel is on pre-planned leave and needs more time to confer with Defendants' internal agency counsel, and that an extension will permit the parties to focus their resources on briefing Plaintiff's impending preliminary-injunction motion, it is hereby ORDERED that the 26 Motion is GRANTED. It is further ORDERED that Defendants shall respond to Plaintiff's complaint by June 30, 2025. Signed by Judge Timothy J. Kelly on 5/29/2025. (lctjk1)

Order on Motion for Extension of Time to Answer

MINUTE ORDER: Upon consideration of Plaintiff's 25 Motion for Briefing Schedule for Plaintiff's Forthcoming Motion for Preliminary Injunction and Defendants' 28 Response, it is hereby ORDERED that the following schedule shall govern proceedings for Plaintiff's motion for a preliminary injunction: Plaintiff shall file its motion by June 6, 2020; Defendants shall file their opposition by June 20, 2025; Plaintiff shall file its reply by June 24, 2025; and the parties shall appear for a hearing on Plaintiff's preliminary-injunction motion on June 30, 2025, at 2:00 p.m. in Courtroom 11. Based on the parties' filings and the entire record, the Court finds that neither party will be prejudiced by this hearing date. See LCvR 65.1(d). Signed by Judge Timothy J. Kelly on 5/29/2025. (lctjk1)

Order on Motion for Briefing Schedule

NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON. Attorney Tabitha Bartholomew terminated. (Bartholomew, Tabitha) (Entered: 05/30/2025)

Unopposed MOTION to Amend/Correct Order on Motion for Briefing Schedule,,,, Set/Reset Deadlines,,,, Set/Reset Deadlines/Hearings,,, by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Exhibit 1 to Motion, # 2 Exhibit 2 to Motion, # 3 Text of Proposed Order)(Nanov, Peter) (Entered: 06/05/2025)

Order on Motion to Amend/Correct

MINUTE ORDER: Upon consideration of Plaintiff's 30 Unopposed Motion to Amend the Briefing Schedule for Plaintiff's Forthcoming Motion for Preliminary Injunction, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the briefing schedule set out in the Court's Minute Order of May 29, 2025, is MODIFIED as follows: Plaintiff shall file its motion for a preliminary injunction by June 12, 2025; Defendants shall file their opposition by June 24, 2025; and Plaintiff shall file its reply by June 27, 2025. Signed by Judge Timothy J. Kelly on 6/5/2025. (lctjk1)

MOTION for Preliminary Injunction by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Memorandum in Support Support of its Motion for a Preliminary Injunction, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Text of Proposed Order)(McElroy, Jason) (Entered: 06/12/2025)

1 Memorandum in Support Support of its Motion for a Preliminary Injunction

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Text of Proposed Order

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ERRATA Attaching Exhibit 1 in Support of Motion for Preliminary Injunction by CORPORATION FOR PUBLIC BROADCASTING re 31 Motion for Preliminary Injunction,,. (McElroy, Jason) (Entered: 06/12/2025)

Memorandum in opposition to re 31 MOTION for Preliminary Injunction filed by FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON. (Attachments: # 1 Declaration of Thomas Breslin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)(Dreier, Douglas) (Entered: 06/24/2025)

REPLY to opposition to motion re 31 Motion for Preliminary Injunction,, filed by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Exhibit 1 - Declaration of Supplemental Evan Slavitt, # 2 Exhibit A, # 3 Exhibit B)(McElroy, Jason) (Entered: 06/27/2025)

1 Exhibit 1 - Declaration of Supplemental Evan Slavitt

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2 Exhibit A

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3 Exhibit B

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Notice of Courtroom Change

NOTICE OF COURTROOM CHANGE: The Preliminary Injunction Hearing set for 6/30/2025 at 2:00 PM will proceed in Courtroom 21 before Judge Timothy J. Kelly. (zkh)

Preliminary Injunction

Minute Entry for proceedings held before Judge Timothy J. Kelly: Preliminary Injunction held on 6/30/2025. Oral argument heard on Plaintiff's 31 MOTION for Preliminary Injunction and taken under advisement. For the reasons stated on the record, Defendant's answer to the complaint will be due seven (7) calendar days after the issuance of the court's order on Plaintiff's 31 MOTION for Preliminary Injunction. (Court Reporter: Chandra Kean) (zkh)

TRANSCRIPT OF PROCEEDINGS before Judge Timothy J. Kelly held on June 30, 2025; Page Numbers: 1-62. Date of Issuance: July 7, 2025. Court Reporter/Transcriber Chandra Kean, RMR, Telephone number 202-354-3404, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.Redaction Request due 8/1/2025. Redacted Transcript Deadline set for 8/11/2025. Release of Transcript Restriction set for 10/9/2025.(Kean, Chandra) (Entered: 07/11/2025)

ORDER denying Plaintiff's 31 Motion for Preliminary Injunction. See Order for details. Signed by Judge Timothy J. Kelly on 7/15/2025. (lctjk1) (Entered: 07/15/2025)

MEMORANDUM OPINION in support of the Court's 36 Order denying Plaintiff's 31 Motion for Preliminary Injunction. Signed by Judge Timothy J. Kelly on 7/15/2025. (lctjk1) (Main Document 37 replaced with corrected opinion on 7/17/2025) (zkh). (Entered: 07/15/2025)

MOTION to Dismiss or, in the Alternative, MOTION for Summary Judgment by FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Dreier, Douglas) (Entered: 07/22/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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MOTION for Extension of Time to File Response/Reply as to 38 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Text of Proposed Order)(Nanov, Peter) (Entered: 07/31/2025)

MINUTE ORDER: Upon consideration of Plaintiff's 39 Consent Motion for Extension, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff shall respond to Defendants' 38 Motion to Dismiss or for Summary Judgment by September 2, 2025. Signed by Judge Timothy J. Kelly on 8/1/2025. (lctjk1)

Order on Motion for Extension of Time to File Response/Reply