Case: San Francisco Unified School District v. AmeriCorps

President Donald Trump

President Donald Trump

President Donald Trump

President Donald Trump

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 405, receipt number ACANDC-20437562.). Injunction against the US government/official or APA vacatur requested. Filed by San Francisco Unified School District. (Attachments: # 1 Exhibit 1, # 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 Civil Cover Sheet)(Chiu, David) (Filed on 3/10/2025) (Entered: 03/10/2025)

1 Exhibit 1

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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 Civil Cover Sheet

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Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Proposed Summons. (Chiu, David) (Filed on 3/10/2025) (Entered: 03/10/2025)

NOTICE of Appearance filed by Molly J. Alarcon on behalf of San Francisco Unified School District (Alarcon, Molly) (Filed on 3/10/2025) (Entered: 03/10/2025)

NOTICE of Appearance filed by Sara Jennifer Eisenberg on behalf of San Francisco Unified School District (Eisenberg, Sara) (Filed on 3/10/2025) (Entered: 03/10/2025)

NOTICE of Appearance filed by Yvonne Rosil Mere on behalf of San Francisco Unified School District (Mere, Yvonne) (Filed on 3/10/2025) (Entered: 03/10/2025)

NOTICE of Appearance filed by Simona Alessandra Agnolucci on behalf of San Francisco Unified School District (Agnolucci, Simona) (Filed on 3/10/2025) (Entered: 03/10/2025)

NOTICE of Appearance filed by Benedict Y. Hur on behalf of San Francisco Unified School District (Hur, Benedict) (Filed on 3/10/2025) (Entered: 03/10/2025)

NOTICE of Appearance filed by Eduardo E. Santacana on behalf of San Francisco Unified School District (Santacana, Eduardo) (Filed on 3/10/2025) (Entered: 03/10/2025)

NOTICE of Appearance filed by Stephen William Henrick on behalf of San Francisco Unified School District (Henrick, Stephen) (Filed on 3/10/2025) (Entered: 03/10/2025)

NOTICE of Appearance filed by Alyxandra Vernon on behalf of San Francisco Unified School District (Vernon, Alyxandra) (Filed on 3/10/2025) (Entered: 03/10/2025)

NOTICE of Appearance filed by Michael B. Morizono on behalf of San Francisco Unified School District (Morizono, Michael) (Filed on 3/10/2025) (Entered: 03/10/2025)

Case assigned to Judge Charles R. Breyer. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 3/11/2025) (Entered: 03/11/2025)

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Case Assigned/Reassigned

Clerk's Notice Setting Zoom Hearing

Order

Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Case Management Statement due by 6/6/2025. Initial Case Management Conference set for 6/13/2025 08:30 AM in San Francisco, - Videoconference Only. (Attachments: # 1 Supplement Notice Video-Recording)(msr, COURT STAFF) (Filed on 3/11/2025)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 03/11/2025)

1 Supplement Notice Video-Recording

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Summons Issued as to AmeriCorps, a.k.a. the Corporation for National and Community Service, Jennifer Bastress Tahmasebi, in her official capacity as Interim Agency Head of AmeriCorps. (msr, COURT STAFF) (Filed on 3/11/2025) (Entered: 03/11/2025)

ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 3/11/2025. (ls, COURT STAFF) (Filed on 3/11/2025) (Entered: 03/11/2025)

ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to Judge Edward M Chen. Judge Charles R. Breyer no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (as, COURT STAFF) (Filed on 3/11/2025) (Entered: 03/11/2025)

CLERK'S NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE. You are notified that the Court has scheduled an Initial Case Management Conference before Judge Edward M. Chen upon reassignment. For a copy of Judge Chen's Standing Orders and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 6/3/2025. Initial Case Management Conference set for 6/10/2025, at 1:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 3/11/2025) (Entered: 03/11/2025)

MOTION for Temporary Restraining Order AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE filed by San Francisco Unified School District. (Attachments: # 1 MPA, # 2 RJN, # 3 Declaration Vargas-Zeuschner, # 4 Declaration Su, # 5 Declaration Gonzalez, # 6 Declaration Hammond, # 7 Declaration Eisenberg, # 8 Proposed Order OSC, # 9 Proposed Order TRO)(Chiu, David) (Filed on 3/11/2025) (Entered: 03/11/2025)

1 MPA

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2 RJN

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3 Declaration Vargas-Zeuschner

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4 Declaration Su

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5 Declaration Gonzalez

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6 Declaration Hammond

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7 Declaration Eisenberg

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8 Proposed Order OSC

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9 Proposed Order TRO

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ORDER. The Court has received Plaintiffs' motion for a temporary restraining order ("TRO"). Plaintiffs shall immediately file a declaration, addressing whether the complaint and/or TRO motion have been served on Defendants and whether Plaintiffs have otherwise notified Defendants of the complaint and/or TRO motion. If Plaintiffs have contact information for defense counsel, they shall provided that in the declaration as well. The declaration shall be filed by 3/13/2025. Signed by Judge Edward M. Chen on 3/11/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (emclc2, COURT STAFF) (Filed on 3/11/2025) (Entered: 03/11/2025)

ORDER. The Eisenberg Declaration at Docket No. [18-7] addresses the issue of notice to the government. Because the government is aware of this suit and the motion for a TRO, the Court orders the parties to meet and confer immediately to reach agreement on an abbreviated briefing and hearing schedule. The reply brief shall be filed at least 7 days prior to the hearing. Before proposing a hearing date, the parties should look at the Court's availability. The Court is willing to specially set the hearing to accommodate the motion. The parties shall file a stipulation on a briefing and hearing schedule by 3/14/2025 at noon. Plaintiffs shall give Defendants notice of this order immediately. Signed by Judge Edward M. Chen on 3/12/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (emclc2, COURT STAFF) (Filed on 3/12/2025) (Entered: 03/12/2025)

Order

Order on Motion for Pro Hac Vice

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20447710.) filed by City of Santa Fe. (Attachments: # 1 Exhibit Certificate of Good Standing)(Miller, Jonathan) (Filed on 3/12/2025) (Entered: 03/12/2025)

1 Exhibit Certificate of Good Standing

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Order by Judge Edward M Chen DENYING 21 Motion for Pro Hac Vice as to Jonathan Miller for failing to comply with Civil L.R. 11-3. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 3/12/2025) (Entered: 03/12/2025)

CERTIFICATE OF SERVICE by San Francisco Unified School District (Alarcon, Molly) (Filed on 3/12/2025) (Entered: 03/12/2025)

CERTIFICATE OF SERVICE by San Francisco Unified School District (Alarcon, Molly) (Filed on 3/12/2025) (Entered: 03/12/2025)

STIPULATION WITH PROPOSED ORDER re 20 Order,,, filed by San Francisco Unified School District, City of Santa Fe. (Alarcon, Molly) (Filed on 3/14/2025) (Entered: 03/14/2025)

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

Order by Judge Edward M Chen GRANTING 25 STIPULATED BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER. Defendants shall file and serve their opposition on 3/19/2025, by 5:00 PM. Plaintiffs shall file and serve their reply on 3/21/2025. Hearing on Motion for TRO 3/28/2025, at 1:30 PM in Courtroom 5, 17th Floor. (vla, COURT STAFF) (Filed on 3/14/2025) (Entered: 03/14/2025)

CLERK'S NOTICE SCHEDULING MOTION HEARING. Motion Hearing as to 18 MOTION for Temporary Restraining Order AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE set for 3/28/2025, at 1:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M Chen. THE PARTIES ARE TO EMAIL THE COURTROOM DEPUTY AT EMCCRD@CAND.USCOURTS.GOV NO LATER THAN 3/26/2025, BY 9:00 AM WITH THE NAMES OF COUNSEL THAT WILL BE APPEARING AND ARGUING THE MOTION. ALL PARTIES ARE TO ARRIVE IN COURTROOM 5, 17TH FLOOR NO LATER THAN 1:00 PM TO CHECK-IN WITH THE COURTROOM DEPUTY. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 3/14/2025) (Entered: 03/14/2025)

NOTICE of Appearance filed by Jill Ellen Habig on behalf of City of Santa Fe (Habig, Jill) (Filed on 3/19/2025)

ORDER GRANTING [21] MOTION for leave to appear in Pro Hac Vice as to Jonathan Miller . Signed by Judge Edward M. Chen on 3/19/2025. (vla, COURT STAFF) (Filed on 3/19/2025)

OPPOSITION/RESPONSE (re [18] MOTION for Temporary Restraining Order AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE ) filed byAmeriCorps, a.k.a. the Corporation for National and Community Service, Jennifer Bastress Tahmasebi, in her official capacity as Interim Agency Head of AmeriCorps. (Attachments: (1) Declaration of Carly Bruder, (2) Exhibit 1, (3) Exhibit 2, (4) Exhibit 3, (5) Exhibit 4, (6) Exhibit 5, (7) Exhibit 6, (8) Exhibit 7, (9) Exhibit 8, (10) Exhibit 9, (11) Exhibit 10, (12) Exhibit 11, (13) Exhibit 12, (14) Exhibit 13, (15) Exhibit 14, (16) Proposed Order)(Mehta, Sapna) (Filed on 3/19/2025)

1 Declaration of Carly Bruder

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Proposed Order

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Notice of Appearance/Substitution/Change/Withdrawal of Attorney

REPLY (re 18 MOTION for Temporary Restraining Order AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE ) filed bySan Francisco Unified School District, City of Santa Fe. (Alarcon, Molly) (Filed on 3/21/2025) (Entered: 03/21/2025)

Minute Entry for proceedings held before Judge Edward M Chen: Motion Hearing held on 3/28/2025 re 18 MOTION for Temporary Restraining Order AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE Total Time in Court: 1 Hour, 58 minutes. Court Reporter: Ruth Ekhaus. (vla, COURT STAFF) (Date Filed: 3/28/2025) (Entered: 04/01/2025)

First MOTION for leave to appear in Pro Hac Vice for Erin McSherry ( Filing fee $ 328, receipt number 27MSU756.) Filing fee previously paid on March 31, 2025 filed by City of Santa Fe. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing from New Mexico Supreme Court)(McSherry, Erin) (Filed on 3/31/2025) (Entered: 03/31/2025)

1 Certificate/Proof of Service Certificate of Good Standing from New Mexico Suprem

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ORDER by Judge Edward M. Chen granting 18 Motion for TRO. (This is a text-only entry generated by the court. There is no document associated with this entry.) (emclc3, COURT STAFF) (Filed on 3/31/2025)

ORDER Granting Plaintiffs' Motion for a Temporary Restraining Order and Order to Show CauseDisregard prior docket entry.. Signed by Judge Edward M. Chen on 03/31/2025. (emclc3, COURT STAFF) (Filed on 3/31/2025)

Order by Judge Edward M Chen GRANTING 32 Motion for Pro Hac Vice as to Erin McSherry. (vla, COURT STAFF) (Filed on 4/1/2025) (Entered: 04/01/2025)

STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule on Preliminary Injunction filed by AmeriCorps, a.k.a. the Corporation for National and Community Service, Jennifer Bastress Tahmasebi, in her official capacity as Interim Agency Head of AmeriCorps. (Mehta, Sapna) (Filed on 4/2/2025)

Order by Judge Edward M Chen GRANTING AS MODIFIED 36 STIPULATION TO MODIFY BRIEFING SCHEDULE ON PRELIMINARY INJUNCTION. Defendants shall file a brief in response to the OSC and in opposition to the preliminary injunction no later than 4/29/2025. Plaintiffs shall file a reply no later than 5/13/2025. Hearing date will be 5/29/2025, at 1:30 PM.(vla, COURT STAFF) (Filed on 4/3/2025) (Entered: 04/03/2025)

ORDER on Supplemental BriefingParties shall file supplemental briefs on the effect of Dep't of Educ. v. California, No. 24A910 (U.S. Apr. 4, 2025), if any, on this Court's subject matter jurisdiction over Plaintiffs' claims. The supplemental brief shall not exceed five pages. The parties shall file these briefs by April 9, 2025.. Signed by Judge Edward M. Chen on 04/7/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (emclc3, COURT STAFF) (Filed on 4/7/2025) (Entered: 04/07/2025)

Order

Clerk's Notice

CLERK'S NOTICE SPECIALLY SETTING MOTION HEARING. Order at [Dkt. 37] is further modified as follows: Hearing on the preliminary injunction is reset from 5/29/2025 to 5/30/2025, at 9:00 AM. . (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 4/7/2025) (Entered: 04/07/2025)

TRANSCRIPT ORDER for proceedings held on 03/28/2025 before Judge Edward M Chen by San Francisco Unified School District, for Court Reporter Ruth Ekhaus. (Hur, Benedict) (Filed on 4/8/2025)

Transcript of Proceedings held on 03/28/2025, before Judge Edward M. Chen. Court Reporter Ruth Levine Ekhaus, RMR, RDR, FCRR, CCG, CSR No. 12219, telephone number ruth_ekhaus@cand.uscourts.gov/(415)336-5223. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re [40] Transcript Order ) Release of Transcript Restriction set for 7/8/2025. (Related documents(s) [40]) (rre, COURT STAFF) (Filed on 4/9/2025)

TRANSCRIPT ORDER for proceedings held on 03/28/2025 before Judge Edward M Chen by AmeriCorps, a.k.a. the Corporation for National and Community Service, Jennifer Bastress Tahmasebi, in her official capacity as Interim Agency Head of AmeriCorps, for Court Reporter Ruth Ekhaus. (Mehta, Sapna) (Filed on 4/9/2025)

Supplemental Brief re [38] Order,, filed byAmeriCorps, a.k.a. the Corporation for National and Community Service, Jennifer Bastress Tahmasebi, in her official capacity as Interim Agency Head of AmeriCorps. (Related document(s)[38]) (Mehta, Sapna) (Filed on 4/9/2025)

Supplemental Brief re [38] Order,, filed bySan Francisco Unified School District. (Related document(s)[38]) (Alarcon, Molly) (Filed on 4/9/2025)

NOTICE by San Francisco Unified School District (Notice of Supplemental Material) (Attachments: (1) Exhibit A, (2) Exhibit B)(Santacana, Eduardo) (Filed on 4/15/2025)

1 Exhibit A

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2 Exhibit B

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CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE.

Set/Reset Hearing Preliminary Injunction Hearing set for 5/30/2025, at 9:00 AM, in Courtroom 5, 17th Floor. (vla, COURT STAFF) (Filed on 4/15/2025)

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

NOTICE by San Francisco Unified School District Notice of Supplemental Material (Attachments: (1) Exhibit A, (2) Exhibit B, (3) Exhibit C)(Santacana, Eduardo) (Filed on 4/22/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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ORDER on JurisdictionSee 33 . Signed by Judge Edward M. Chen on 04/23/2025. (emclc3, COURT STAFF) (Filed on 4/23/2025)