Case: American Association of University Professors - Harvard Faculty Chapter v. U.S. Department Of Justice

1:25-cv-10910 | U.S. District Court for the District of Massachusetts

Filed Date: April 11, 2025

Closed Date: Oct. 20, 2025

Clearinghouse coding complete

Case Summary

This case challenged the Trump administration’s 2025 suspension and termination of federal funding to Harvard University in response to alleged antisemitism on campus. (To see the Clearinghouse's collection of legal challenges to actions by the second Trump Administration, click here.)  On April 11, 2025, the American Association of University Professors (AAUP), its Harvard Faculty Chapter (AAUP–Harvard), and the United Auto Workers (UAW) filed this lawsuit in the U.S. District Court for the Di…

This case challenged the Trump administration’s 2025 suspension and termination of federal funding to Harvard University in response to alleged antisemitism on campus. (To see the Clearinghouse's collection of legal challenges to actions by the second Trump Administration, click here.) 

On April 11, 2025, the American Association of University Professors (AAUP), its Harvard Faculty Chapter (AAUP–Harvard), and the United Auto Workers (UAW) filed this lawsuit in the U.S. District Court for the District of Massachusetts against the U.S. Department of Justice (DOJ), Department of Education (ED), Department of Health and Human Services (HHS), and other federal agencies and officials. The plaintiffs were represented by Selendy Gay PLLC and Cohen Milstein Sellers & Toll PLLC. 

The case was assigned to Judge Allison D. Burroughs.

Plaintiffs alleged that beginning in March 2025, the administration used Title VI enforcement powers and federal grant authority to seek to compel Harvard to restructure its internal operations in ways that violated academic freedom and chilled speech on matters related to Israel and antisemitism. On March 31, the DOJ announced a review of Harvard’s civil rights compliance. In letters dated April 3 and April 11, multiple agencies demanded that Harvard implement sweeping governance and curricular changes as conditions for continued funding. When Harvard refused, agencies began canceling grants and contracts, ultimately affecting over $9 billion in research funding. Plaintiffs claimed these actions violated the First and Fifth Amendments, the Administrative Procedure Act (APA), and Title VI of the Civil Rights Act of 1964.

Plaintiffs moved for a temporary restraining order (TRO) on April 11, and then for summary judgment on June 2. They sought a declaration that the agencies’ actions were unlawful and a permanent injunction prohibiting any further funding terminations or conditions that infringed constitutional rights or bypassed statutory procedures. The government opposed the motions and cross-moved for summary judgment, arguing that plaintiffs lacked standing and that the agency actions were lawful exercises of grant authority under 2 C.F.R. § 200.340(a)(4). The government further asserted that no final agency action had occurred and that plaintiffs could not enforce Harvard’s contractual rights. Plaintiffs withdrew their TRO motion on April 15, citing changed circumstances, including a demand letter sent by the Trump Administration, and the administration instituting a freeze on $2 billion of Harvard's funding.

Several amici filed briefs in support of plaintiffs. Public Citizen argued that the administration’s actions targeted protected speech and undermined university autonomy. A Jewish Voice for Peace challenged the administration’s definition of antisemitism, warning that it blurred religious and political categories in violation of the Establishment Clause. Other briefs emphasized the broader impact on research, student expression, and economic innovation.

A related case—President and Fellows of Harvard College v. U.S. Department of Justice—was filed separately by Harvard University itself. The case remains ongoing as of October 7, 2025.

On September 3, 2025,  Judge Burroughs granted the plaintiffs’ motion for summary judgement as to the following counts:

  • The government failed to follow regulatory procedures under Title VI (notice of noncompliance and opportunity for a hearing) when terminating the federal funds in violation of the APA. (Count 1)
  • The Freeze Orders were arbitrary and capricious under the APA because the evidence provided by defendants showed there was little investigation done into antisemitism at Harvard and thus there was little rational connection between the Freeze Orders and the explanation provided by the agency. (Count 2, in part) 
  • The government's termination of federal funding and threats of future termination was unlawful under the APA because the terminations violate the First Amendment by retaliating against the plaintiffs for unfavored speech and by burdening the plaintiffs’ First Amendment rights through constitutionally impermissible funding conditions.  (Count 4)

Judge Burroughs granted the government's motion for summary judgement in regards to the following counts:

  • The Termination Letters were arbitrary and capricious under the APA. The court granted summary judgement on the Termination Letters because these claims fall under the jurisdiction of the Court of Federal Claims. (Count 2, in part)
  • The government's actions in imposing viewpoint-based conditions on plaintiffs’ funding and terminating funding agreements violate the First Amendment and lack lawful authority. (Count 3)
  • The Executive Branch’s actions violate separations of powers and the Spending Clause by usurping Congress’s spending power and attaching conditions that were not authorized by Congress. (Count 5) 
  • The government's actions contravened plaintiffs’ right to due process and lacked a lawful authority. (Count 7)

Summary judgment was granted on these counts because the plaintiffs had a statute to sue under (the APA) and thus these ultra vires (action taken without lawful authority) claims were not necessary. Both motions were otherwise denied. Judge Burroughs held that the court lacked jurisdiction to review the Termination Letters.

The court ordered the following:

  1. The Freeze Orders were vacated and set aside as arbitrary and capricious.
  2. The Freeze Orders and Termination Letters were found to be violative of the First Amendment.
  3. The Court vacated and set aside the Termination Letters as violative of Title VI of the Civil Rights Act.
  4. The government was enjoined from giving force to the Freeze Orders or Termination Letters. They were enjoined from refusing to grant federal funding pursuant to that order as well. The government was further enjoined from withholding funding from Harvard on purported grounds of discrimination without compliance with the terms of Title VI of the Civil Rights Act.

2025 WL 2528380.

On September 10, 2025, the plaintiffs voluntarily dismissed their last two claims under the APA regarding the Spending Clause and 5th Amendment Due Process, effectively resolving all the claims in the lawsuit at the district court level. The government has until mid-November to appeal the ruling. The parties filed a status update on September 19, 2025 indicating the parties are working to implement Judge Burroughs’ order, with the next status report due on October 3, 2025. 

 

Summary Authors

Lacie Melasi (5/25/2025)

Brian Chen (7/16/2025)

Bryan Waugh (10/23/2025)

Related Cases

President and Fellows of Harvard College v. U.S. Department of Health and Human Services, District of Massachusetts (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69881741/parties/american-association-of-university-professors-harvard-faculty-chapter-v/


Judge(s)

Burroughs, Allison Dale (Massachusetts)

Attorney for Plaintiff

Baldwin, Sean (Massachusetts)

Brown, Benjamin D. (Massachusetts)

Carolan, Aine Constance (Massachusetts)

Attorney for Defendant
Expert/Monitor/Master/Other

Ahmad, Bina (Massachusetts)

show all people

Documents in the Clearinghouse

Document
4

1:25-cv-10910

Plaintiffs' Emergency Motion for a Temporary Restraining Order

April 11, 2025

April 11, 2025

Pleading / Motion / Brief
1

1:25-cv-10910

Complaint

April 11, 2025

April 11, 2025

Complaint
50

1:25-cv-10910

Amended Complaint

May 5, 2025

May 5, 2025

Complaint
64

1:25-cv-10910

Second Amended Complaint

May 20, 2025

May 20, 2025

Complaint
75

1:25-cv-10910

Plaintiffs' memorandum in Support of Motion for Summary Judgment

American Association of University Professors - Harvard v. United States Department of Justice

June 2, 2025

June 2, 2025

Pleading / Motion / Brief
74

1:25-cv-10910

Plaintiffs' Motion for Summary Judgment

June 2, 2025

June 2, 2025

Pleading / Motion / Brief
76

1:25-cv-10910

Plaintiffs' Statement of Material Facts Not in Dispute Pursuant to Local Rule 56.1

American Association of University Professors - Harvard v. United States Department of Justice

June 2, 2025

June 2, 2025

Pleading / Motion / Brief
77

1:25-cv-10910

Declaration of Daniel H. Silverman in Support of Plaintiffs' Motion for Summary Judgment

American Association of University Professors - Harvard v. United States Department of Justice

June 2, 2025

June 2, 2025

Declaration/Affidavit
141

1:25-cv-10910

Memorandum & Order (Summary Judgment)

Sept. 3, 2025

Sept. 3, 2025

Order/Opinion
152

1:25-cv-10910

Status Report

Oct. 17, 2025

Oct. 17, 2025

Resources

Title Description External URL Date / External URL

All the Actions the Trump Administration Has Taken Against Harvard

Michael C. Bender

The pressure campaign to try to force the nation’s oldest and wealthiest university to fall in line with President Trump’s agenda has sprawled beyond just one singular task force or agency. May 22, 2025

May 22, 2025

https://www.nytimes.com/...

EO 14188 - Additional Measures to Combat Anti-Semitism

President Donald Trump

Declaring that it is the policy of the United States to "combat anti-Semitism vigorously, using all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpe… Jan. 29, 2025

Jan. 29, 2025

https://www.federalregister.gov/...

OPM Memo - Guidance on Implementing President Trump’s Executive Order titled, “Restoring Accountability To Policy-Influencing Positions Within the Federal Workforce”

Charles Ezell

Providing guidance to the Heads and Acting Heads of all federal departments and agencies as to what types of federal positions should be reclassified under Executive Orders 14171 and 13957 as policy-… Jan. 27, 2025

Jan. 27, 2025

https://www.opm.gov/...

EO 14173 - Ending Illegal Discrimination and Restoring Merit-Based Opportunity

President Donald Trump

Ordering all federal agencies and departments to terminate all DEIA (diversity, equity, inclusion, accessibility) policies and programs, and directing the Attorney General and Secretary of Education … Jan. 21, 2025

Jan. 21, 2025

https://www.federalregister.gov/...

EO 14151 - Ending Radical and Wasteful Government DEI Programs and Preferencing

President Donald Trump

Directing the Office of Management and Budget to coordinate the termination of all diversity, equity, inclusion, and accessibility (DEI and DEIA) programs in the federal government. Jan. 20, 2025

Jan. 20, 2025

https://www.federalregister.gov/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69881741/american-association-of-university-professors-harvard-faculty-chapter-v/

Last updated Oct. 31, 2025, 8:32 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing fee: $ 405, receipt number AMADC-10948272 (Fee Status: Filing Fee paid), filed by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Summonses)(Silverman, Daniel) (Entered: 04/11/2025)

1 Civil Cover Sheet

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2 Supplement Summonses

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April 11, 2025

April 11, 2025

Clearinghouse
2

MOTION to Seal Affidavits by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors.(Silverman, Daniel) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
3

MEMORANDUM in Support re 2 MOTION to Seal Affidavits filed by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Silverman, Daniel) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
4

MOTION for Temporary Restraining Order by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors.(Silverman, Daniel) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

Clearinghouse
5

AFFIDAVIT of Daniel Silverman in Support re 4 MOTION for Temporary Restraining Order filed by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (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 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 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29)(Silverman, Daniel) (Attachment 27 replaced on 4/14/2025) (CAM). (Attachment 29 replaced on 4/14/2025) (CAM). (Entered: 04/11/2025)

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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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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21 Exhibit 21

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25 Exhibit 25

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26 Exhibit 26

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28 Exhibit 28

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April 11, 2025

April 11, 2025

PACER
6

MOTION for Leave to File Excess Pages by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Exhibit Harvard Brief)(Silverman, Daniel) (Entered: 04/11/2025)

1 Exhibit Harvard Brief

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April 11, 2025

April 11, 2025

RECAP
10

Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING 2 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CAM) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
11

Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING 6 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CAM) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
12

MEMORANDUM in Support re 4 MOTION for Temporary Restraining Order filed by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Silverman, Daniel) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

RECAP
7

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 M. Page Kelley. (NMC) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
8

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Local Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. (NMC) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
9

Summons Issued as to Jayanta Bhattacharya, Pamela Bondi, Stephen Ehikian, Josh Gruenbaum, Robert F. Kennedy, Jr., Sean R Keveney, Linda McMahon, National Institues of Health, Leo Terrell, Craig Trainor, U.S. Department of Education, U.S. Department of Health and Human Services ( HHS), U.S. General Services Administration, United States Department Of Justice, Thomas E Wheeler. 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. (NMC) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

RECAP

Notice - Other

April 14, 2025

April 14, 2025

Notice of Case Assignment

April 14, 2025

April 14, 2025

Order on Motion for Leave to File Excess Pages

April 14, 2025

April 14, 2025

Order on Motion to Seal

April 14, 2025

April 14, 2025

13

MOTION for Leave to Appear Pro Hac Vice for admission of Benjamin D. Brown Filing fee: $ 125, receipt number AMADC-10951709 by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Affidavit)(Silverman, Daniel) (Entered: 04/15/2025)

1 Affidavit

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April 15, 2025

April 15, 2025

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14

MOTION for Leave to Appear Pro Hac Vice for admission of Joseph M. Sellers Filing fee: $ 125, receipt number AMADC-10951815 by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Affidavit)(Silverman, Daniel) (Entered: 04/15/2025)

1 Affidavit

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April 15, 2025

April 15, 2025

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15

MOTION for Leave to Appear Pro Hac Vice for admission of Phoebe M. Wolfe Filing fee: $ 125, receipt number AMADC-10951834 by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Affidavit)(Silverman, Daniel) (Entered: 04/15/2025)

1 Affidavit

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April 15, 2025

April 15, 2025

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16

MOTION for Leave to Appear Pro Hac Vice for admission of Corey Stoughton Filing fee: $ 125, receipt number AMADC-10952013 by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Affidavit)(Silverman, Daniel) (Entered: 04/15/2025)

1 Affidavit

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April 15, 2025

April 15, 2025

RECAP
17

MOTION for Leave to Appear Pro Hac Vice for admission of Hannah R. Miles Filing fee: $ 125, receipt number AMADC-10952048 by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Affidavit)(Silverman, Daniel) (Entered: 04/15/2025)

1 Affidavit

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April 15, 2025

April 15, 2025

RECAP
18

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 13 Motion for Leave to Appear Pro Hac Vice of Benjamin D. Brown. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (CAM) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

19

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 14 Motion for Leave to Appear Pro Hac Vice Added Joseph M. Sellers. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.(CAM) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

20

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 15 Motion for Leave to Appear Pro Hac Vice of Phoebe M. Wolfe. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (CAM) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

21

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 16 Motion for Leave to Appear Pro Hac Vice of Corey Stoughton. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.(CAM) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

22

MOTION for Leave to Appear Pro Hac Vice for admission of Julie Singer Filing fee: $ 125, receipt number AMADC-10952086 by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Affidavit)(Silverman, Daniel) (Entered: 04/15/2025)

1 Affidavit

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April 15, 2025

April 15, 2025

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23

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 17 Motion for Leave to Appear Pro Hac Vice of Hannah R. Miles. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (CAM) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

24

MOTION for Leave to Appear Pro Hac Vice for admission of Philippe Z. Selendy Filing fee: $ 125, receipt number AMADC-10952142 by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Affidavit)(Silverman, Daniel) (Entered: 04/15/2025)

1 Affidavit

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April 15, 2025

April 15, 2025

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25

MOTION for Leave to Appear Pro Hac Vice for admission of Sean P. Baldwin Filing fee: $ 125, receipt number AMADC-10952191 by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Affidavit)(Silverman, Daniel) (Entered: 04/15/2025)

1 Affidavit

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April 15, 2025

April 15, 2025

RECAP
26

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 22, 23, and 24 Motions for Leave to Appear Pro Hac Vice of Julie Singer, Philippe Z. Selendy, and Philippe Z. Selendy. 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 each newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.(CAM) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

27

Withdrawal of motion: 4 MOTION for Temporary Restraining Order filed by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Silverman, Daniel) (Entered: 04/15/2025)

1

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2

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3

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April 15, 2025

April 15, 2025

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28

NOTICE of Appearance by Anuj K. Khetarpal on behalf of Jayanta Bhattacharya, Stephen Ehikian, Josh Gruenbaum, Pamela Bondi, Linda McMahon, U.S. Department of Health and Human Services ( HHS), National Institues of Health, U.S. General Services Administration, United States Department Of Justice, Leo Terrell, U.S. Department of Education, Craig Trainor, Thomas E Wheeler, Robert F. Kennedy, Jr., Sean R Keveney (Khetarpal, Anuj) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

RECAP
29

Judge Allison D. Burroughs: ELECTRONIC ORDER entered APPROVING 27 Withdrawal of motion. The parties shall inform the court on or before April 18, 2025 of their plans concerning preliminary relief. (CAM) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

30

NOTICE of Appearance by Daniel H Silverman on behalf of American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors (Silverman, Daniel) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

RECAP
31

NOTICE of Appearance by Joseph M. Sellers on behalf of American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors (Sellers, Joseph) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

RECAP

Order on Motion for Leave to Appear

April 15, 2025

April 15, 2025

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

April 15, 2025

April 15, 2025

Order

April 15, 2025

April 15, 2025

32

NOTICE of Appearance by Rayford A. Farquhar on behalf of Jayanta Bhattacharya, Stephen Ehikian, Josh Gruenbaum, Pamela Bondi, Linda McMahon, U.S. Department of Health and Human Services ( HHS), National Institues of Health, U.S. General Services Administration, United States Department Of Justice, Leo Terrell, U.S. Department of Education, Craig Trainor, Thomas E Wheeler, Robert F. Kennedy, Jr., Sean R Keveney (Farquhar, Rayford) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
33

NOTICE of Appearance by Phoebe Wolfe on behalf of American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors (Wolfe, Phoebe) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
34

NOTICE of Appearance by Benjamin D. Brown on behalf of American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors (Brown, Benjamin) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
35

NOTICE of Appearance by Sean Baldwin on behalf of American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors (Baldwin, Sean) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
36

NOTICE of Appearance by Philippe Z. Selendy on behalf of American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors (Selendy, Philippe) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
37

NOTICE of Appearance by Julie Rose Singer on behalf of American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors (Singer, Julie) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
38

NOTICE of Appearance by Corey Stoughton on behalf of American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors (Stoughton, Corey) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
39

NOTICE of Appearance by Hannah Miles on behalf of American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors (Miles, Hannah) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
40

MOTION for an Order for a Joint Status Report by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors.(Stoughton, Corey) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP
41

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. [ECF No. 40 ] is GRANTED. The Parties shall submit a joint status report regarding a schedule for briefing motions for preliminary or other expedited relief no later than May 16, 2025. (CAM) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

April 18, 2025

April 18, 2025

1

COMPLAINT against All Defendants Filing fee: $ 405, receipt number AMADC-10963463 (Fee Status: Filing Fee paid), filed by President and Fellows of Harvard College. (Attachments: # 1 Exhibit A. April 11 Letter to Harvard, # 2 Exhibit B. April 14 Lawyers Letter from Harvard, # 3 Exhibit C. Freeze Order, # 4 Exhibit D. February 27 Letter to Harvard, # 5 Exhibit E. February 28 Press Release, # 6 Exhibit F. March 31 Letter to Harvard, # 7 Exhibit G. March 31 Cover Email, # 8 Exhibit H. April 3 Cover Email, # 9 Exhibit I. April 3 Letter to Harvard, # 10 Civil Cover Sheet, # 11 Category Form, # 12 Supplement Certificate of Related Case)(Lehotsky, Steven) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

Clearinghouse
2

CORPORATE DISCLOSURE STATEMENT by President and Fellows of Harvard College. (Lehotsky, Steven) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
3

NOTICE of Appearance by Jacob Richards on behalf of President and Fellows of Harvard College (Richards, Jacob) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
4

NOTICE of Appearance by John P. Bueker on behalf of President and Fellows of Harvard College (Bueker, John) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

Clearinghouse
6

Summons Issued as to Pamela J. Bondi, Stephen Ehikian, Peter B. Hegseth, Robert F. Kennedy, Jr, Linda M McMahon, National Aeronautics and Space Administration, National Institutes of Health, Sethuraman Panchanathan, Janet E. Petro, US Department of Defense, US Department of Education, US Department of Energy, US Department of Health and Human Services, US Department of Justice, US General Services Administration, US National Science Foundation, Christopher A. Wright. 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. (KLM) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
12

MOTION for Leave to Appear Pro Hac Vice for admission of Mary Elizabeth Miller Filing fee: $ 125, receipt number AMADC-10969128 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Mary Elizabeth Miller)(Lehotsky, Steven) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
13

MOTION for Leave to Appear Pro Hac Vice for admission of Shannon G. Denmark Filing fee: $ 125, receipt number AMADC-10969129 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Shannon G. Denmark)(Lehotsky, Steven) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
14

MOTION for Leave to Appear Pro Hac Vice for admission of Joshua P. Morrow Filing fee: $ 125, receipt number AMADC-10969130 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Joshua P. Morrow)(Lehotsky, Steven) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
15

MOTION for Leave to Appear Pro Hac Vice for admission of Danielle K. Goldstein Filing fee: $ 125, receipt number AMADC-10969131 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Danielle K. Goldstein)(Lehotsky, Steven) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
16

MOTION for Leave to Appear Pro Hac Vice for admission of William A. Burck Filing fee: $ 125, receipt number AMADC-10969132 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit William A. Burck)(Lehotsky, Steven) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
17

MOTION for Leave to Appear Pro Hac Vice for admission of Robert K. Hur Filing fee: $ 125, receipt number AMADC-10969133 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit Robert K. Hur)(Lehotsky, Steven) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
9

MOTION for Leave to Appear Pro Hac Vice for admission of Scott A. Keller Filing fee: $ 125, receipt number AMADC-10969123 by President and Fellows of Harvard College. (Attachments: # 1 Affidavit of Scott A. Keller)(Lehotsky, Steven) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
25

NOTICE of Appearance by William A. Burck on behalf of President and Fellows of Harvard College (Burck, William) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
42

MOTION for Leave to File Amicus Curiae Brief filed by Robert A Pietz.. (Attachments: # 1 Exhibit A - Proposed Amicus Brief)(CAM) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
43

MOTION for Leave to Appear Pro Hac Vice for admission of Margaret (Emmy) Wydman Filing fee: $ 125, receipt number AMADC-10971212 by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors. (Attachments: # 1 Affidavit Wydman)(Silverman, Daniel) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
44

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 43 Motion for Leave to Appear Pro Hac Vice of Margaret (Emmy) Wydman. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.(CAM) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

Order on Motion for Leave to Appear

April 24, 2025

April 24, 2025

27

NOTICE of Appearance by Robert Hur on behalf of President and Fellows of Harvard College (Hur, Robert) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
28

NOTICE of Appearance by Stephen Sencer on behalf of President and Fellows of Harvard College (Sencer, Stephen) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
30

NOTICE of Appearance by Abhishek Kambli on behalf of US Department of Health and Human Services (Kambli, Abhishek) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
31

NOTICE of Appearance by Scott Allen Keller on behalf of President and Fellows of Harvard College (Keller, Scott) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
32

NOTICE of Appearance by Jonathan F. Cohn on behalf of President and Fellows of Harvard College (Cohn, Jonathan) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
33

NOTICE of Appearance by Katherine Yarger on behalf of President and Fellows of Harvard College (Yarger, Katherine) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
34

NOTICE of Appearance by Mary Elizabeth Miller on behalf of President and Fellows of Harvard College (Miller, Mary) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
36

NOTICE of Appearance by Joshua Paul Morrow on behalf of President and Fellows of Harvard College (Morrow, Joshua) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
37

NOTICE of Appearance by Ryan Underwood on behalf of Stephen Ehikian, US Department of Energy, Christopher A. Wright, US National Science Foundation, Sethuraman Panchanathan, US Department of Defense, Peter B. Hegseth, National Aeronautics and Space Administration, Janet E. Petro, President and Fellows of Harvard College, US Department of Health and Human Services, National Institutes of Health, Robert F. Kennedy, Jr, US Department of Justice, Pamela J. Bondi, US Department of Education, Linda M McMahon, US General Services Administration (Underwood, Ryan) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
38

NOTICE of Appearance by Eitan Sirkovich on behalf of Stephen Ehikian, US Department of Energy, Christopher A. Wright, US National Science Foundation, Sethuraman Panchanathan, US Department of Defense, Peter B. Hegseth, National Aeronautics and Space Administration, Janet E. Petro, US Department of Health and Human Services, National Institutes of Health, Robert F. Kennedy, Jr, US Department of Justice, Pamela J. Bondi, US Department of Education, Linda M McMahon, US General Services Administration (Sirkovich, Eitan) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
39

SUMMONS Returned Executed by President and Fellows of Harvard College. (Bueker, John) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
40

SUMMONS Returned Executed as to US Attorney by President and Fellows of Harvard College. All Defendants. (Bueker, John) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
45

MOTION for Leave to Participate in Status Conference in Related Case 1:25cv11048 (Unopposed) by American Association of University Professors - Harvard Faculty Chapter, American Association of University Professors.(Silverman, Daniel) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

RECAP
46

Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING 45 Unopposed Motion for Leave to Participate in Status Conference in Related Case 1:25cv11048. (CAM) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

47

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court DENIES Robert A. Pietz's motion for leave to file brief as amicus curiae. [ECF No. 42 ]. Although the Federal Rules of Civil Procedure do not contain provisions concerning amici appearances, it is well established that "the acceptance of amicus briefs is within the sound discretion of the court. " Strasser v. Doorley, 432 F.2d 567, 569 (1st Cir. 1970). That said, a district court lacking joint consent of the parties should go slow in accepting... an amicus brief unless, as a party, although short of a right to intervene, the amicus has a special interest that justifies [] having a say, or unless the court feels that existing counsel may need supplementing assistance. Id. Given the absence of either condition, the Court, in its discretion, DENIES [ECF No. 42 ]. (CAM) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

Order on Motion for Miscellaneous Relief

April 25, 2025

April 25, 2025

Order on Motion for Leave to File Document

April 25, 2025

April 25, 2025

48

Copy re 47 Order on Motion for Leave to File regenerated to email address of filer (pietzreceipts@gmail.com) on 4/29/2025. Filer did not include a mailing address in filing. (CAM) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

49

Judge Allison D. Burroughs: ORDER entered. Following the Status Conference held on April 28, 2025, in President and Fellows of Harvard College v. US Department of Health and Human Services et al. (25-cv-11048), the Court adopts the following agreed-upon expedited briefing schedule. Plaintiffs may file an Amended Complaint by May 5, 2025. Production of the Administrative Record: May 19, 2025Plaintiffs’ Summary Judgment Motion: June 2, 2025Amicus Briefs in support of Plaintiffs: June 9, 2025Defendants’ Opposition/Cross Motion/Motion to Dismiss: June 16, 2025Amicus Briefs in support of Defendants: June 23, 2025Plaintiffs’ Reply/Opposition: June 30, 2025Defendants’ Reply: July 14, 2025Oral Argument: July 21, 2025, at 9:30 AM.The total page limit for each party shall not exceed 80 pages. Permission to file amicus briefs must be sought and obtained prior to filing. Any amicus briefs allowed by the Court may not exceed 10 pages.(CAM) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

50

Proposed Intervenor John Doe's MOTION for Order to to Show Cause why Defendants may act on behalf of the United States. (CAM) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

Clearinghouse

Copy Mailed

April 29, 2025

April 29, 2025

Scheduling Order

April 29, 2025

April 29, 2025

51

Proposed Intervenor's Emergency MOTION for Temporary Restraining Order. (Attachments: # 1 Appendix A, # 2 Text of Proposed Order)(CAM) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
53

Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER Denying John Doe's Motion to Intervene.Here, the Court does not believe that allowing John Doe to intervene will be helpful, constructive, or protective of an otherwise unrepresented interest. Therefore, the motion to intervene, [ECF No. 48 ], is DENIED, and related motions [ECF No. 49 ] and [ECF No. 50 ] are DENIED as moot.SO ORDERED.(CAM) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
50

AMENDED COMPLAINT against All Defendants, filed by American Association of University Professors, American Association of University Professors - Harvard Faculty Chapter, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.(Silverman, Daniel) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

Clearinghouse
51

MOTION for Leave to File Second Amended Complaint by American Association of University Professors, American Association of University Professors - Harvard Faculty Chapter, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America. (Attachments: # 1 Exhibit Second Amended Complaint)(Silverman, Daniel) (Entered: 05/06/2025)

1 Exhibit Second Amended Complaint

View on RECAP

May 6, 2025

May 6, 2025

PACER
57

MOTION for Reconsideration re 53 Memorandum & ORDER On Motion to Intervene filed by Proposed Intervenor John Doe. (Attachments: # 1 Cover Letter)(CAM) (Additional attachment(s) added on 5/6/2025: # 2 Signature Page - Filed Provisionally Under Seal) (CAM). (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
52

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiffs are directed to comply with Local Rule 7.1(a)(2) with regards to their pending motion for leave to file a second amended complaint [ECF No. 51 ]. The parties are reminded that all motions require a meet and confer prior to filing. Going forward, any motions filed without the required certification will be denied. (CAM) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

53

MOTION for Leave to File Second Amended Complaint by American Association of University Professors, American Association of University Professors - Harvard Faculty Chapter, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America. (Attachments: # 1 Exhibit Second Amended Complaint)(Silverman, Daniel) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

PACER

Order

May 8, 2025

May 8, 2025

54

Judge Allison D. Burroughs: ELECTRONIC ORDER entered finding as moot 51 Motion for Leave to File Document. (KF) (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

Order on Motion for Leave to File Document

May 9, 2025

May 9, 2025

55

MOTION for Leave to File Second Amended Complaint by American Association of University Professors, American Association of University Professors - Harvard Faculty Chapter, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America. (Attachments: # 1 Exhibit 1 - Proposed Second Amended Complaint)(Stoughton, Corey) (Entered: 05/16/2025)

1 Exhibit 1 - Proposed Second Amended Complaint

View on PACER

May 16, 2025

May 16, 2025

PACER
56

MOTION for Leave to Appear Pro Hac Vice for admission of Drake Reed Filing fee: $ 125, receipt number AMADC-11017485 by American Association of University Professors, American Association of University Professors - Harvard Faculty Chapter, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America. (Attachments: # 1 Affidavit Certification of Drake Reed)(Silverman, Daniel) (Entered: 05/19/2025)

1 Affidavit Certification of Drake Reed

View on RECAP

May 19, 2025

May 19, 2025

RECAP

Case Details

State / Territory:

Massachusetts

Case Type(s):

Speech and Religious Freedom

Education

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 11, 2025

Closing Date: Oct. 20, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The American Association of University Professors and its Harvard Faculty Chapter

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice (- United States (national) -), Federal

U.S. Department of Education (- United States (national) -), Federal

U.S. Department of Health and Human Services (- United States (national) -), Federal

National Institutes of Health (- United States (national) -), Federal

U.S. General Services Administration (- United States (national) -), Federal

U.S. Department of Energy (- United States (national) -), Federal

U.S. National Science Foundation (- United States (national) -), Federal

U.S. Department of Defense (- United States (national) -), Federal

National Aeronautics and Space Administration (- United States (national) -), Federal

U.S. Department of Agriculture (- United States (national) -), Federal

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

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Freedom of speech/association

Spending/Appropriations Clauses

Separation of Powers

Other Dockets:

District of Massachusetts 1:25-cv-10910

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Reinstatement (job, contract, grant, etc.)

Issues

General/Misc.:

Education

Funding

Religious programs / policies

Retaliation

School/University policies

Staff (number, training, qualifications, wages)

Discrimination Basis:

Religion discrimination

Affected Religion(s):

Judaism

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)