Case: American Federation of Teachers v. U.S. Department of Education

COMPLAINT against LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 405 receipt number ADCDC-11551245) filed by AMERICAN FEDERATION OF TEACHERS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Department, # 3 Summons to Secretary)(Selesnick, Julie) (Entered: 03/18/2025)

1 Civil Cover Sheet

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2 Summons to Department

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3 Summons to Secretary

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Case Assigned to Judge Reggie B. Walton. (znmw)

Case Assigned/Reassigned

SUMMONS (2) Issued Electronically as to LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/19/2025)

Notice of Error- New Case

NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Missing summonses- 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 & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (znmw)

REQUEST FOR SUMMONS TO ISSUE [U.S. Attorney and U.S. Attorney General] filed by AMERICAN FEDERATION OF TEACHERS. Related document: Notice of Error- New Case,.(Selesnick, Julie) (Entered: 03/19/2025)

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 03/19/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John G. Albanese, Filing fee $ 100, receipt number ADCDC-11555547. Fee Status: Fee Paid. by AMERICAN FEDERATION OF TEACHERS. (Attachments: # 1 Declaration of John G. Albanese, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Selesnick, Julie) (Entered: 03/20/2025)

1 Declaration of John G. Albanese

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2 Certificate of Good Standing

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3 Text of Proposed Order

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NOTICE of Appearance by R. T. Winston Berkman-Breen on behalf of AMERICAN FEDERATION OF TEACHERS (Berkman-Breen, R. T. Winston) (Entered: 03/20/2025)

NOTICE of Appearance by Persis Yu on behalf of AMERICAN FEDERATION OF TEACHERS (Yu, Persis) (Entered: 03/20/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- F. Paul Bland, Jr., Filing fee $ 100, receipt number ADCDC-11556376. Fee Status: Fee Paid. by AMERICAN FEDERATION OF TEACHERS. (Attachments: # 1 Declaration of F. Paul Bland, Jr., # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Selesnick, Julie) (Entered: 03/20/2025)

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER. The Court having considered the plaintiff's 5 Motion for Admission of John G. Albanese Pro Hac Vice, and 8 Motion for Admission of Paul Bland Pro Hac Vice, and it appearing to the Court that the attorneys referenced therein meet the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motions are GRANTED. It is further ORDERED that John Gerard Albanese and Frank Paul Bland, Jr., each of Berger Montague PC, 1229 Tyler St NE, Ste 205, Minneapolis, MN 55413, and 1001 G St, NW, Ste 400 East, Washington, DC 20001, are ADMITTED to practice before the Court pro hac vice in this case. 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 Reggie B. Walton on March 21, 2025. (lcrbw1)

Order on Motion for Leave to Appear Pro Hac Vice

NOTICE of Appearance by John Albanese on behalf of AMERICAN FEDERATION OF TEACHERS (Albanese, John) (Entered: 03/24/2025)

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

Order

MOTION for Temporary Restraining Order by AMERICAN FEDERATION OF TEACHERS. (Attachments: # 1 Declaration of Dr. C. Baetz, # 2 Declaration of R. Dubreuil, # 3 Declaration of C. Mason, # 4 Declaration of Dr. P. McCall-Robinson, # 5 Declaration of T. Sabens, # 6 Declaration of S. Tammelleo, # 7 Text of Proposed Order)(Albanese, John). Added MOTION for Preliminary Injunction on 3/25/2025 (znmw). (Entered: 03/24/2025)

1 Declaration of Dr. C. Baetz

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2 Declaration of R. Dubreuil

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3 Declaration of C. Mason

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4 Declaration of Dr. P. McCall-Robinson

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5 Declaration of T. Sabens

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6 Declaration of S. Tammelleo

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7 Text of Proposed Order

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MINUTE ORDER. To ensure the expeditious resolution of the 10 Plaintiff's Motion for a Temporary Restraining Order or Preliminary Injunction, it is hereby ORDERED that, on or before March 25, 2025, at 12:00 p.m., counsel for the defendants shall enter a notice of appearance in this case. It is further ORDERED that, on March 25, 2025, at 2:00 p.m., the parties shall appear before the Court for a scheduling conference, via teleconference. The parties shall be prepared to discuss a briefing schedule and the scheduling of a motion hearing on the plaintiff's motion for a temporary restraining order. It is further ORDERED that the plaintiff shall forthwith notify the defendants of the contents of this Minute Order. Signed by Judge Reggie B. Walton on March 24, 2025. (lcrbw1)

GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on March 24, 2025. (lcrbw1) (Entered: 03/24/2025)

NOTICE of Appearance by Cody Taylor Knapp on behalf of U.S. DEPARTMENT OF EDUCATION, LINDA MCMAHON (Knapp, Cody) (Entered: 03/24/2025)

.Order

Scheduling Conference AND ~Util - Set/Reset Hearings

MINUTE ORDER. The public is permitted to attend the scheduling conference currently scheduled for today, March 25, 2025, at 2:00 p.m., by calling 1-833-990-9400, and entering the Meeting ID 011366756. Signed by Judge Reggie B. Walton on March 25, 2025. (lcrbw1)

NOTICE of Appearance by F. Paul Bland, Jr on behalf of All Plaintiffs (Bland, F.) (Entered: 03/25/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- E. Michelle Drake, Filing fee $ 100, receipt number ADCDC-11565745. Fee Status: Fee Paid. by AMERICAN FEDERATION OF TEACHERS. (Attachments: # 1 Declaration of E. Michelle Drake, # 2 Text of Proposed Order)(Selesnick, Julie) (Entered: 03/25/2025)

Minute Entry for proceedings held before Judge Reggie B. Walton: Scheduling Conference held on 3/25/2025. Motion Hearing set for 4/17/2025 at 10:30 AM in Courtroom 16- In Person before Judge Reggie B. Walton. (Court Reporter BRYAN WAYNE.) (mac)

ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before April 8, 2025, the defendants shall file their opposition to the plaintiff's motion for a temporary restraining order or preliminary injunction. It is further ORDERED that, on or before April 15, 2025, the plaintiff shall file a reply in support of its motion for a temporary restraining order or preliminary injunction, if any. It is further ORDERED that, on April 17, 2025, at 10:30 a.m., the parties shall appear for a motion hearing on the plaintiff's motion for a temporary restraining order or preliminary injunction. The parties shall appear before the Court in Courtroom 16 on the 6th floor at the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001. Signed by Judge Reggie B. Walton on March 25, 2025. (lcrbw1) (Entered: 03/25/2025)

TRANSCRIPT OF SCHEDULING CONFERENCE before Judge Reggie B. Walton held on March 25, 2025; Page Numbers: 1-7. Date of Issuance: 3/26/2025. Court Reporter: Bryan A. Wayne. 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 4/16/2025. Redacted Transcript Deadline set for 4/26/2025. Release of Transcript Restriction set for 6/24/2025.(Wayne, Bryan) (Entered: 03/26/2025)

NOTICE of Availability of Income-Driven Repayment Plan Application by U.S. DEPARTMENT OF EDUCATION, LINDA MCMAHON re 10 Motion for TRO,, Motion for Preliminary Injunction, (Knapp, Cody) (Entered: 03/27/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 3/21/2025 (Albanese, John) (Entered: 03/31/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LINDA MCMAHON served on 3/21/2025 (Albanese, John) (Entered: 03/31/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/20/2025. Answer due for ALL FEDERAL DEFENDANTS by 5/19/2025. (Albanese, John) (Entered: 03/31/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/26/2025. (Albanese, John) (Entered: 03/31/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Khandice Renee Lofton, Filing fee $ 100, receipt number ADCDC-11578316. Fee Status: Fee Paid. by AMERICAN FEDERATION OF TEACHERS. (Attachments: # 1 Declaration Declaration of Khandice Lofton, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Berkman-Breen, R. T. Winston) (Attachment 1 replaced on 4/1/2025) (znmw). (Entered: 03/31/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER. The Court having considered the plaintiff's 14 Motion for Admission of E. Michelle Drake Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Eleanor Michelle Drake of Berger Montague PC, 1229 Tyler St NE, Ste 205, Minneapolis, MN 55413, is ADMITTED to practice before the Court pro hac vice in this case. 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 Reggie B. Walton on April 2, 2025. (lcrbw1)

MINUTE ORDER. The Court having considered the plaintiff's 22 Motion for Admission of Attorney Khandice Lofton to Appear Pro Hac Vice for Plaintiff, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Khandice Renee Lofton, 40 Rector Street, 9th Floor, New York, NY 10006, is ADMITTED to practice before the Court pro hac vice in this case. 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 Reggie B. Walton on April 2, 2025. (lcrbw1)

NOTICE of Appearance by Eleanor Michelle Drake on behalf of AMERICAN FEDERATION OF TEACHERS (Drake, Eleanor) (Entered: 04/02/2025)

NOTICE of Appearance by Khandice Renee Lofton on behalf of AMERICAN FEDERATION OF TEACHERS (Lofton, Khandice) (Entered: 04/03/2025)

Memorandum in opposition to re 10 Motion for TRO,, Motion for Preliminary Injunction, filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration Declaration of Acting Under Secretary of Education James Bergeron, # 2 Text of Proposed Order Proposed Order Denying Plaintiff's Motion for Temporary Restraining Order or Preliminary Injunction)(Knapp, Cody) (Entered: 04/08/2025)

1 Declaration Declaration of Acting Under Secretary of Education James Bergeron

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2 Text of Proposed Order Proposed Order Denying Plaintiff's Motion for Tempor

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Joint STATUS REPORT by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Knapp, Cody) (Entered: 04/11/2025)

MOTION to Reset the Start Time for the Upcoming Hearing on Plaintiff's Motion for a Temporary Restraining Order or Preliminary Injunction re 15 Order,,,, Set Deadlines/Hearings,,, by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Knapp, Cody) (Entered: 04/11/2025)

1 Text of Proposed Order

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ORDER. In accordance with the attached Order, it is hereby ORDERED that the 10 Plaintiff's Motion for a Temporary Restraining Order or Preliminary Injunction is DENIED WITHOUT PREJUDICE. It is further ORDERED that the motion hearing on the plaintiff's motion for a temporary restraining order or preliminary injunction currently scheduled for April 17, 2025, at 10:30 a.m., is VACATED. It is further ORDERED that on April 17, 2025, at 1:30 p.m., the parties shall appear for a status conference, via teleconference, to address the dispute between the parties regarding defendants' forthcoming notice on the processing of income-driven student loan repayment applications. It is further ORDERED that the 27 Defendant's Motion to Reset Hearing Time is DENIED AS MOOT. Signed by Judge Reggie B. Walton on April 14, 2025. (lcrbw1) (Entered: 04/14/2025)

Unopposed MOTION to Permit Use of the Public Access Teleconference Line for the ApriIl 17, 2025, Status Conference by AMERICAN FEDERATION OF TEACHERS. (Attachments: # 1 Text of Proposed Order)(Lofton, Khandice) (Entered: 04/15/2025)

1 Text of Proposed Order

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Set/Reset Hearings

Set/Reset Hearings: Status Conference set for 4/17/2025 at 1:30 PM via teleconference before Judge Reggie B. Walton. (zalh)

NOTICE re: Corrected Declaration of Acting Under Secretary of Education James Bergeron by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION re 25 Memorandum in Opposition, (Attachments: # 1 Exhibit Exhibit A - Corrected Declaration of Acting Under Secretary of Education James Bergeron, # 2 Exhibit Exhibit B - Redline of Corrected Declaration of Acting Under Secretary of Education James Bergeron)(Knapp, Cody) (Entered: 04/15/2025)

1 Exhibit Exhibit A - Corrected Declaration of Acting Under Secretary of Education

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2 Exhibit Exhibit B - Redline of Corrected Declaration of Acting Under Secretary o

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.Order AND ~Util - Set/Reset Deadlines

Order on Motion to Permit

MINUTE ORDER. Upon consideration of the 29 Plaintiff's Unopposed Motion to Use the Public Access Teleconference Line for the April 17, 2025, Status Conference, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the public is permitted to attend the status conference currently scheduled for today, April 17, 2025, at 1:30 p.m., by calling 1-833-990-9400, and entering the Meeting ID 011366756. Signed by Judge Reggie B. Walton on April 17, 2025. (lcrbw1)

Status Conference AND ~Util - Set/Reset Deadlines

Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 4/17/2025. Joint Status Report due by 4/25/2025. (Court Reporter: Elizabeth Davila) (zalh)

Notice of Appearance