Case: United States v. Maine Department of Education

United States of America v. Maine Department of Education

United States of America v. Maine Department of Education

President Donald Trump

President Donald Trump

COMPLAINT against MAINE DEPARTMENT OF EDUCATION with Jury Demand, filed by UNITED STATES OF AMERICA. (Service of Process Deadline 7/15/2025)(lcb) (Entered: 04/16/2025)

CIVIL COVER SHEET. (lcb) (Entered: 04/16/2025)

Summons Issued as to MAINE DEPARTMENT OF EDUCATION. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (lcb) (Entered: 04/16/2025)

SERVICE Returned EXECUTED filed by UNITED STATES OF AMERICA as to MAINE DEPARTMENT OF EDUCATION. (DONNELLY, MATTHEW) (Entered: 04/17/2025)

ORDER OF RECUSAL. MAGISTRATE JUDGE JOHN C. NIVISON recused. By MAGISTRATE JUDGE JOHN C. NIVISON. (mtm) (Entered: 04/18/2025)

Set Answer Deadline for Maine Department of Education : Answer due by 5/8/2025. (cjd)

Set/Reset Answer Deadline

Case Assigned/Reassigned

Case Reassigned to JUDGE STACEY D. NEUMANN and MAGISTRATE JUDGE KAREN FRINK WOLF. (mtm)

NOTICE of Appearance by SARAH A. FORSTER on behalf of MAINE DEPARTMENT OF EDUCATION (FORSTER, SARAH) (Entered: 04/22/2025)

NOTICE of Appearance by KIMBERLY L. PATWARDHAN on behalf of MAINE DEPARTMENT OF EDUCATION (PATWARDHAN, KIMBERLY) (Entered: 04/22/2025)

NOTICE of Appearance by CHRISTOPHER C. TAUB on behalf of MAINE DEPARTMENT OF EDUCATION (TAUB, CHRISTOPHER) (Entered: 04/22/2025)

ORDER re 9 NOTICE to Appoint Special Counsel to Investigate and Prosecute, as Necessary, Formal Disciplinary Proceedings Against Matthew J. Donnelly, Esq. for Professional Misconduct and Request for Oral Argument filed by RANDY J CRESWELL. I have considered the filing of Randy J. Creswell, Esq., at ECF No. 9, which I construe as a notice in accordance with D. Me. Local R. 83.3(d)(1). I conclude the appointment of special counsel is not warranted, and no further action on this filing is necessary. By JUDGE STACEY D. NEUMANN. (mtm) (Entered: 04/24/2025)

NOTICE of Docket Entry Modification regarding 9 NOTICE to Appoint Special Counsel to Investigate and Prosecute, as Necessary, Formal Disciplinary Proceedings Against Matthew J. Donnelly, Esq. for Professional Misconduct and Request for Oral Argument : This docket entry has been modified in accordance with the Order at ECF#10 to reflect it is a Notice rather than a motion. No response or reply are permitted. (mtm) (Entered: 04/24/2025)

NOTICE to Appoint Special Counsel to Investigate and Prosecute, as Necessary, Formal Disciplinary Proceedings Against Matthew J. Donnelly, Esq. for Professional Misconduct and Request for Oral Argument with Certificate of Service by Randy J Creswell Responses due by 5/15/2025. (CRESWELL, RANDY) Modified on 4/24/2025 to update docket text to reflect this is a Notice as construed by Judge Neumann's Order at ECF#10 (mtm). (Entered: 04/24/2025)

Order

ANSWER to 1 Complaint by MAINE DEPARTMENT OF EDUCATION.(FORSTER, SARAH) (Entered: 05/08/2025)

SCHEDULING ORDER: Discovery due by 9/25/2025. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 10/2/2025. Motions due by 10/16/2025. Ready for Trial on 12/3/2025. By MAGISTRATE JUDGE KAREN FRINK WOLF. (jgd) (Entered: 05/08/2025)

OBJECTION to 13 Scheduling Order, filed by UNITED STATES OF AMERICA. Responses due by 6/20/2025. (DONNELLY, MATTHEW) (Entered: 05/29/2025)

Reset Deadlines as to 14 OBJECTION to 13 Scheduling Order per Judge Wolf: Responses due by 6/6/2025. No reply permitted. (mmy)

Set/Reset Motion and R&R Deadlines/Hearings

NOTICE of Hearing: Conference of Counsel set for 6/10/2025 09:30 AM in VIDEO HEARING before MAGISTRATE JUDGE KAREN FRINK WOLF. (nrg) (Entered: 06/03/2025)

RESPONSE to 14 OBJECTION to 13 Scheduling Order, filed by MAINE DEPARTMENT OF EDUCATION. (Attachments: # 1 Exhibit - A (02/21/2025 Correspondence, # 2 Exhibit - B (03/19/2025 Correspondence), # 3 Exhibit - C (04/11/2025 Correspondence), # 4 Exhibit - D (02/21/2025 Correspondence), # 5 Exhibit - E (02/25/2025 Correspondence), # 6 Exhibit - F (03/28/2025 Correspondence), # 7 Exhibit - G (04/02/2025 Correspondence), # 8 Exhibit - H (02/25/2025 Correspondence))(TAUB, CHRISTOPHER) (Entered: 06/06/2025)

Minute Entry for proceedings held before MAGISTRATE JUDGE KAREN FRINK WOLF: Conference of Counsel held. (Court Reporter: Lori Dunbar) (MGW) (Entered: 06/10/2025)

ORDER granting in part 14 Objection to Scheduling Order. On June 10, 2025, I held a conference with Attorneys Donnelly, Taub, Patwardhan, and Forster to discuss the pretrial deadlines. For the reasons articulated on the record, I granted the Plaintiff's objection to the scheduling order in part and set the following deadlines: initial disclosures due by June 13, 2025; amendment of pleadings/joinder of parties due by September 3, 2025; Plaintiff's expert designation due by September 3, 2025; Defendant's expert designation due by October 27, 2025; Plaintiff's written settlement demand due by December 4, 2025; Defendant's response to written settlement demand due by December 19, 2025; discovery due by December 19, 2025; Local Rule 56(h) notice due by January 30, 2026; dispositive/Daubert/Kumho motions due by February 19, 2026; ready for trial by April 1, 2026. I also expanded the number of depositions permitted to eight per side not including expert depositions. And finally, I ORDERED the parties to meet and confer regarding expert witnesses by July 18, 2025, and, if necessary, file a motion to adjust the expert deadlines by no later than July 25, 2025. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) (Entered: 06/10/2025)

Order on Objection to Scheduling Order

Set/Reset Scheduling Order Deadlines

Reset Scheduling Order Deadlines - Per Order #18: Discovery due by 12/19/2025. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 1/30/2026. Motions due by 2/19/2026. Ready for Trial on 4/1/2026. (MGW)

(Access to document is restricted to case participants only) REQUEST FOR A HEARING REGARDING A DISCOVERY DISPUTE filed by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Redline showing disputed provision)(DONNELLY, MATTHEW) (Entered: 07/18/2025)

Joint MOTION to Amend Scheduling Order by MAINE DEPARTMENT OF EDUCATION Responses due by 8/15/2025. (TAUB, CHRISTOPHER) (Entered: 07/25/2025)

ORDER granting 20 Motion to Amend Scheduling Order. The expert designation deadlines are amended as requested. Plaintiff shall designate experts by September 3, 2025. Defendant will designate experts by October 3, 2025. Plaintiff shall designate any experts responding to Defendant's experts' opinions by December 2, 2025. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 07/25/2025)

Order on Motion to Amend Scheduling Order

NOTICE of Hearing: Discovery Conference set for 8/13/2025 03:30 PM in VIDEO HEARING before MAGISTRATE JUDGE KAREN FRINK WOLF. (nrg) (Entered: 07/31/2025)

(Access to document is restricted to case participants only) REQUEST FOR A HEARING REGARDING A DISCOVERY DISPUTE filed by MAINE DEPARTMENT OF EDUCATION (Attachments: # 1 Exhibit Excerpts of Plaintiff's Answers to Interrogatories, # 2 Exhibit Excerpts of Plaintiff's Responses to Document Requests)(TAUB, CHRISTOPHER) (Entered: 08/11/2025)

Minute Entry for proceedings held before MAGISTRATE JUDGE KAREN FRINK WOLF: Discovery Hearing held. (Court Reporter: Lori Dunbar) (MGW) (Entered: 08/13/2025)

ORDER re 19 Request for a Hearing Regarding a Discovery Dispute filed by UNITED STATES OF AMERICA; 23 Request for a Hearing Regarding a Discovery Dispute filed by MAINE DEPARTMENT OF EDUCATION. On August 13, 2025, I held a discovery hearing with Attorneys Donnelly, Taub, and Patwardhan. After hearing from the parties, I declined the United States' request to add language to the otherwise agreed-to confidentiality order that would permit each party to unilaterally decide whether to disclose confidential documents for criminal investigation purposes. It seems unlikely that evidence of criminality will be disclosed during discovery in a case such as this that largely turns on differing legal interpretations, and the implicit threat of prosecution may hinder the liberal exchange of information that civil discovery is designed to facilitate. The United States may, of course, challenge confidentiality designations or otherwise seek relief from the confidentiality order if necessary. With regard to the parties' disagreement about the Maine Department of Education's discovery requests relating to the events leading to this lawsuit, I directed the parties to submit letter briefs of no more than five single spaced pages addressing the relevance of the requests. The Department's brief shall be filed by August 22, 2025. The United States' responsive brief shall be filed by September 5, 2025. No reply will be permitted unless otherwise ordered. By MAGISTRATE JUDGE KAREN FRINK WOLF. (MGW) (Entered: 08/13/2025)

Order

Set Deadlines: Per Order # 25, Defendant's Letter Brief due by 8/22/2025 and Plaintiff's Responsive Letter Brief due by 9/5/2025. (MGW)

MOTION to Amend 12 Answer to Complaint by MAINE DEPARTMENT OF EDUCATION Responses due by 9/10/2025. (TAUB, CHRISTOPHER) (Entered: 08/20/2025)

(Access to document is restricted to case participants only) DISCOVERY Letter/Brief Per Court Order filed by MAINE DEPARTMENT OF EDUCATION(TAUB, CHRISTOPHER) (Entered: 08/22/2025)

MOTION to Quash Subpoena by Maine Principals' Association Responses due by 9/19/2025. (Attachments: # 1 Exhibit Subpoena Issued to MPA)(BELLEAU, JAMES) (Entered: 08/29/2025)

1 Exhibit Subpoena Issued to MPA

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MOTION for Confidentiality Order by MAINE DEPARTMENT OF EDUCATION Responses due by 9/19/2025. (Attachments: # 1 Ex. A - Proposed Conf. Order, # 2 Ex. B - Redline Conf. Order)(PATWARDHAN, KIMBERLY) (Entered: 08/29/2025)

1 Ex. A - Proposed Conf. Order

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2 Ex. B - Redline Conf. Order

View on PACER

(Document sealed from public view) MOTION to Seal Exhibit A to MPA's Motion to Quash by MAINE PRINCIPALS ASSOCIATION Responses due by 9/19/2025. (BELLEAU, JAMES) (Entered: 08/29/2025)

Consent MOTION to Continue Briefing on Motion to Quash by UNITED STATES OF AMERICA Responses due by 9/19/2025. (DONNELLY, MATTHEW) (Entered: 08/29/2025)

Set/Reset Motion and R&R Deadlines/Hearings

Reset Deadlines as to 28 MOTION to Quash Subpoena per Magistrate Judge Cohen: Responses due by 9/2/2025. Reply due by 9/4/2025. (mmy)

ORDER granting 30 Motion to Seal. The Plaintiff shall, consistent with F.R.Civ.P. 5.2, file a redacted version of Exhibit A, removing all identifying information, including names, initials, and schools, that is otherwise protected by the rule. If there is any question as to what should or should not be redacted, the parties may request a conference with me. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 09/02/2025)

ORDER granting 31 Motion to Continue Briefing on Motion to Quash. The opposition to the Motion to Quash will be due September 3, 2025 as requested, and any reply will be due September 5, 2025. If the parties require further time for briefing, they may request that. In the meantime, compliance with the subpoena will be in abeyance until resolution of the Motion to Quash, even though the response date set forth in the subpoena is September 5, 2025. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 09/02/2025)

Order on Motion to Continue

Order on Motion to Seal

RESPONSE in Opposition re 29 MOTION for Confidentiality Order filed by UNITED STATES OF AMERICA. Reply due by 9/17/2025. (DONNELLY, MATTHEW) (Entered: 09/03/2025)

RESPONSE in Opposition re 28 MOTION to Quash Subpoena filed by UNITED STATES OF AMERICA. Reply due by 9/17/2025. (Attachments: # 1 Exhibit U.S. Letter to MPA)(DONNELLY, MATTHEW) (Entered: 09/03/2025)

Reset Deadlines as to 28 MOTION to Quash Subpoena per Order #33: Responses due by 9/3/2025. Reply due by 9/5/2025. (mmy)

Reset Deadlines as to 29 MOTION for Confidentiality Order per Judge Wolf: Responses due by 9/10/2025. Reply due by 9/15/2025. (mmy)

Reset Deadlines as to 29 MOTION for Confidentiality Order per Judge Wolf: Reply due by 9/15/2025. (mmy)

Set/Reset Motion and R&R Deadlines/Hearings

reset Deadlines as to 28 MOTION to Quash Subpoena In accordance with Judge Cohen's directive on 8/29/25: Reply due by 9/4/2025. (mjlt)

REDACTED Document re 28 MOTION to Quash Subpoena, 30 (Document sealed from public view) MOTION to Seal Exhibit A to MPA's Motion to Quash by MAINE PRINCIPALS ASSOCIATION. (BELLEAU, JAMES) (Entered: 09/04/2025)

REPLY to Response to Motion re 28 MOTION to Quash Subpoena filed by MAINE PRINCIPALS ASSOCIATION. (BELLEAU, JAMES) (Entered: 09/04/2025)

(Access to document is restricted to case participants only) DISCOVERY Letter/Brief Per Court Order filed by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Def. Letter to USDOE-OCR, # 2 USDOE-OCR Investigations)(DONNELLY, MATTHEW) (Entered: 09/05/2025)

RESPONSE in Opposition re 26 MOTION to Amend 12 Answer to Complaint filed by UNITED STATES OF AMERICA. Reply due by 9/24/2025. (DONNELLY, MATTHEW) (Entered: 09/10/2025)

NOTICE of Hearing: Conference of Counsel set for 9/19/2025 10:00 AM via ZOOM before MAGISTRATE JUDGE KAREN FRINK WOLF. Zoom information emailed to the parties on 9/15/2025.(lcb) (Entered: 09/15/2025)

MOTION for Leave to File AMICUS CURIAE BRIEF IN SUPPORT OF MAINE PRINCIPALS ASSOCIATION MOTION TO QUASH SUBPOENA by GLBTQ Legal Advocates & Defenders Responses due by 10/7/2025. (BONAUTO, MARY) (Entered: 09/16/2025)

MOTION to Intervene by PORTLAND PUBLIC SCHOOLS Responses due by 10/8/2025. (Attachments: # 1 Exhibit A - Motion to Quash)(HEWEY, MELISSA) (Entered: 09/17/2025)

1 Exhibit A - Motion to Quash

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ORDER granting 29 Motion for Confidentiality Order By MAGISTRATE JUDGE KAREN FRINK WOLF. (BRF) (Entered: 09/17/2025)

~Util - Terminate Hearings

Reset Deadlines as to 41 MOTION for Leave to File AMICUS CURIAE BRIEF IN SUPPORT OF MAINE PRINCIPALS ASSOCIATION MOTION TO QUASH SUBPOENA per Magistrate Judge Wolf: Responses due by 9/24/2025. (mmy)

Terminate Hearings

Set/Reset Motion and R&R Deadlines/Hearings

Conference of Counsel set for 9/19/2025 is canceled. Given the pending motions for Leave to File Amicus Brief 41 and to Intervene 42 regarding the pending Motion to Quash Subpoena 28, the Conference of Counsel set for 9/19/25 is canceled. The Defendant's Request for a Hearing Re: Discovery Dispute 23 is fully briefed per Order dated 8/13/25, and the Court will enter an Order addressing the issues raised in the parties' letter briefs. By MAGISTRATE JUDGE KAREN FRINK WOLF. (BRF)

Reset Deadlines as to 42 MOTION to Intervene per Magistrate Judge Wolf: Responses due by 9/24/2025. (mmy)

REPLY to Response to Motion re 26 MOTION to Amend 12 Answer to Complaint filed by MAINE DEPARTMENT OF EDUCATION. (TAUB, CHRISTOPHER) (Entered: 09/18/2025)

RESPONSE in Opposition re 42 MOTION to Intervene of Portland Public Schools filed by UNITED STATES OF AMERICA. Reply due by 10/8/2025. (DONNELLY, MATTHEW) (Entered: 09/24/2025)

RESPONSE in Opposition re 41 MOTION for Leave to File AMICUS CURIAE BRIEF IN SUPPORT OF MAINE PRINCIPALS ASSOCIATION MOTION TO QUASH SUBPOENA by GLBTQ Legal Advocates & Defenders filed by UNITED STATES OF AMERICA. Reply due by 10/8/2025. (DONNELLY, MATTHEW) (Entered: 09/24/2025)

RESPONSE to Motion re 41 MOTION for Leave to File AMICUS CURIAE BRIEF IN SUPPORT OF MAINE PRINCIPALS ASSOCIATION MOTION TO QUASH SUBPOENA, 28 MOTION to Quash Subpoena filed by MAINE DEPARTMENT OF EDUCATION. Reply due by 10/9/2025. (PATWARDHAN, KIMBERLY) (Entered: 09/25/2025)

RESPONSE to Motion re 42 MOTION to Intervene, 28 MOTION to Quash Subpoena filed by MAINE DEPARTMENT OF EDUCATION. Reply due by 10/9/2025. (PATWARDHAN, KIMBERLY) (Entered: 09/25/2025)

MOTION to Stay Case During Appropriations Lapse by UNITED STATES OF AMERICA Responses due by 10/22/2025. (DONNELLY, MATTHEW) (Entered: 10/01/2025)

Reset Deadlines as to 49 MOTION to Stay Case During Appropriations Lapse per Judge Wolf: Responses due by 10/6/2025. No reply permitted. (mmy)

Unopposed MOTION to Amend Scheduling Order by MAINE DEPARTMENT OF EDUCATION Responses due by 10/23/2025. (TAUB, CHRISTOPHER) (Entered: 10/02/2025)

ORDER granting 50 Motion to Amend Scheduling Order. Defendant's expert designations due October 17, 2025. Responsive expert designations by Plaintiff due December 16, 2025. I anticipate a conference with counsel likely in November 2025, at which time the issue of the overall discovery deadline and other scheduling issues will be discussed. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 10/02/2025)

ORDER granting without objection 49 Motion to Stay. Once the stay is lifted, any deadlines unexpired as of today will be reset by the Court. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 10/02/2025)

Order on Motion to Amend Scheduling Order

Order on Motion to Stay