Case: E.K. v. Department of Defense Education Activity

President Donald Trump

President Donald Trump

President Donald Trump

Complaint ( Filing fee $ 405, receipt number AVAEDC-10124205.), filed by O.H., C.Y., S.H., E.G., L.K., M.T., H.H., E.K., E.Y., S.K.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Index of Exhibits, # 16 Civil Cover Sheet)(Callahan, Matthew) (Entered: 04/15/2025)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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7 Exhibit Exhibit 7

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8 Exhibit Exhibit 8

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9 Exhibit Exhibit 9

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10 Exhibit Exhibit 10

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11 Exhibit Exhibit 11

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12 Exhibit Exhibit 12

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13 Exhibit Exhibit 13

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14 Exhibit Exhibit 14

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15 Exhibit Index of Exhibits

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16 Civil Cover Sheet

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Proposed Summons as to Department of Defense Education Activity by C.Y., E.G., E.K., E.Y., H.H., L.K., M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 04/15/2025)

Proposed Summons as to Beth Schiavano-Narvaez by C.Y., E.G., E.K., E.Y., H.H., L.K., M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 04/15/2025)

Proposed Summons as to Peter Brian Hegseth by C.Y., E.G., E.K., E.Y., H.H., L.K., M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 04/15/2025)

Initial Case Assignment

Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Ivan D. Davis. (jlan)

Proposed Summons as to Attorney General by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 04/16/2025)

Proposed Summons as to U.S. Attorney by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 04/16/2025)

Notice of Correction in re Complaint and Summons. The filing user has been notified to file proposed summons for the Attorney General and US Attorney for the EDVA. (dvanm)

Notice of Correction

Summons Issued as to Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice)(dvanm) (Entered: 04/18/2025)

SUMMONS Returned Executed by O.H., C.Y., S.H., E.G., L.K.(by and through parent and next friend Anna Kenkel), M.T., H.H., E.K., E.Y., S.K.. All Defendants. (Attachments: # 1 Affidavit, # 2 Receipt)(Callahan, Matthew) (Entered: 05/06/2025)

Memorandum in Support re 9 MOTION for Preliminary Injunction filed by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Attachments: # 1 Index of Exhibits, # 2 Attorney Declaration of Matthew Callahan, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Keeley Declaration with Exhibits A-E, # 24 Henninger Declaration, # 25 Young Declaration, # 26 Kenkel Declaration with Exhibits A and B, # 27 Tolley Declaration with Exhibit A)(Callahan, Matthew) (Entered: 05/07/2025)

1 Index of Exhibits

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2 Attorney Declaration of Matthew Callahan

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 15

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18 Exhibit 16

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19 Exhibit 17

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20 Exhibit 18

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21 Exhibit 19

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22 Exhibit 20

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23 Keeley Declaration with Exhibits A-E

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24 Henninger Declaration

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25 Young Declaration

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26 Kenkel Declaration with Exhibits A and B

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27 Tolley Declaration with Exhibit A

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Notice of Hearing Date on May 29, 2025 at 10:00 a.m. re 9 MOTION for Preliminary Injunction (Callahan, Matthew) (Entered: 05/07/2025)

Motion to appear Pro Hac Vice by Emerson Sykes and Certification of Local Counsel Matthew Callahan Filing fee $ 75, receipt number AVAEDC-10166769. by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) (Entered: 05/07/2025)

Motion to appear Pro Hac Vice by Corey Shapiro and Certification of Local Counsel Matthew Callahan Filing fee $ 75, receipt number AVAEDC-10166792. by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) (Entered: 05/07/2025)

Motion to appear Pro Hac Vice by William Sharp and Certification of Local Counsel Matthew Callahan Filing fee $ 75, receipt number AVAEDC-10166795. by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) (Entered: 05/07/2025)

MOTION for Preliminary Injunction by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) (Entered: 05/07/2025)

ORDER that the hearing on Pltfs' 9 MOTION for Preliminary Injunction currently scheduled for 05/29/2025, at 10:00 a.m. is RESET to 06/03/2025, at 10:00 a.m.; the Clerk shall TERMINATE the hearing currently scheduled for 05/29/2025, at 10:00 a.m. Signed by District Judge Patricia Tolliver Giles on 05/08/25. (pmil, ) (Main Document 15 replaced on 5/9/2025) (pmil, ). Modified on 5/9/2025 to attach correct Order (pmil, ). (Entered: 05/08/2025)

Set Deadline as to 9 MOTION for Preliminary Injunction. Motion Hearing set for 5/29/2025 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (triv)

Set Motion and R&R Deadlines/Hearings

Reset Deadline as to 9 MOTION for Preliminary Injunction. Motion Hearing set for 6/3/2025 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (pmil, )

ORDER granting 12 Motion for Pro hac vice. Appointed Emerson J. Sykes for C.Y.,Emerson J. Sykes for E.G.,Emerson J. Sykes for E.K.,Emerson J. Sykes for E.Y.,Emerson J. Sykes for H.H.,Emerson J. Sykes for L.K.,Emerson J. Sykes for L.K.,Emerson J. Sykes for L.K.,Emerson J. Sykes for M.T.,Emerson J. Sykes for O.H.,Emerson J. Sykes for S.H.,Emerson J. Sykes for S.K. Signed by District Judge Patricia Tolliver Giles on 5/9/2025. (kgall) (Entered: 05/09/2025)

ORDER granting 13 Motion for Pro hac vice. Appointed Corey M. Shapiro for C.Y.,Corey M. Shapiro for E.G.,Corey M. Shapiro for E.K.,Corey M. Shapiro for E.Y.,Corey M. Shapiro for H.H.,Corey M. Shapiro for L.K.,Corey M. Shapiro for L.K.,Corey M. Shapiro for L.K.,Corey M. Shapiro for M.T.,Corey M. Shapiro for O.H.,Corey M. Shapiro for S.H.,Corey M. Shapiro for S.K. Signed by District Judge Patricia Tolliver Giles on 5/9/2025. (kgall) (Entered: 05/09/2025)

ORDER granting 14 Motion for Pro hac vice. Appointed William E. Sharp for C.Y.,William E. Sharp for E.G.,William E. Sharp for E.K.,William E. Sharp for E.Y.,William E. Sharp for H.H.,William E. Sharp for L.K.,William E. Sharp for L.K.,William E. Sharp for L.K.,William E. Sharp for M.T.,William E. Sharp for O.H.,William E. Sharp for S.H.,William E. Sharp for S.K. Signed by District Judge Patricia Tolliver Giles on 5/9/2025. (kgall) (Entered: 05/09/2025)

Document removed as improperly filed. Modified on 5/16/2025 (dvanm). (Entered: 05/15/2025)

Document removed as improperly filed. Modified on 5/16/2025 (dvanm). (Entered: 05/15/2025)

NOTICE of Appearance by Matthew J. Mezger on behalf of Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez (Mezger, Matthew) (Entered: 05/19/2025)

MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Preliminary Injunction (Unopposed) by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 05/19/2025)

Waiver of re 22 MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Preliminary Injunction (Unopposed) (Hearing) by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez (Mezger, Matthew) (Entered: 05/19/2025)

ORDERED that Defendants' motion 22 is GRANTED; and it is further ORDERED that Defendants shall file any memorandum of law in opposition to Plaintiffs' Motion for a Preliminary injunction on or before May 23, 2025 no later than noon. Signed by District Judge Patricia Tolliver Giles on 05/19/2025. (dvanm) (Entered: 05/19/2025)

MOTION for Leave to File Amicus Brief by Federal Education Association, National Education Association. (Attachments: # 1 Proposed Amicus Brief)(dvanm) (Attachment 1 replaced with correct document on 5/21/2025) (dvanm). (Entered: 05/21/2025)

NOTICE of Appearance by Jacob Karabell on behalf of Federal Education Association, National Education Association. (dvanm) (Entered: 05/21/2025)

Financial Interest Disclosure Statement (Local Rule 7.1) by Federal Education Association, National Education Association. (dvanm) (Entered: 05/21/2025)

NOTICE of Appearance by Meghan Elizabeth Loftus on behalf of Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez (Loftus, Meghan) (Entered: 05/23/2025)

Memorandum in Opposition re 9 MOTION for Preliminary Injunction filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Exhibit DEX 1, # 2 Exhibit DEX 2, # 3 Exhibit DEX 3, # 4 Exhibit DEX 4)(Loftus, Meghan) (Entered: 05/23/2025)

1 Exhibit DEX 1

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2 Exhibit DEX 2

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3 Exhibit DEX 3

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4 Exhibit DEX 4

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MOTION for Extension of Time to File Response/Reply as to 29 Memorandum in Opposition, (unopposed) by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Attachments: # 1 Proposed Order)(Callahan, Matthew) (Entered: 05/23/2025)

Waiver of re 30 MOTION for Extension of Time to File Response/Reply as to 29 Memorandum in Opposition, (unopposed) hearing by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 05/23/2025)

MOTION re Set Motion and R&R Deadlines/Hearings Providing Telephonic or Other Remote Access (Unopposed) by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Attachments: # 1 Proposed Order)(Callahan, Matthew) (Entered: 05/23/2025)

Waiver of re 32 MOTION re Set Motion and R&R Deadlines/Hearings Providing Telephonic or Other Remote Access (Unopposed) hearing by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 05/23/2025)

ORDERED that the Motion is GRANTED; and it is further ORDERED that FEA and NEA's Amici Brief filed on May 19, 2025 is deemed FILED in re 25 Motion for Leave to File Amicus Brief. Signed by District Judge Patricia Tolliver Giles on 5/27/2025. (swil) (Entered: 05/28/2025)

ORDERED that Plaintiffs' motion is GRANTED; and it is further ORDERED that Plaintiffs shall file any memorandum of law in reply to Defendants' Response in Opposition to Plaintiffs' Motion for a Preliminary Injunction on or before May 30, 2025. by 12:00 p.m. in re 30 Motion for Extension of Time to File Response/Reply. Signed by District Judge Patricia Tolliver Giles on 5/27/2025. (swil) (Entered: 05/28/2025)

REPLY to Response to Motion re 9 MOTION for Preliminary Injunction filed by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) (Entered: 05/30/2025)

Minute Entry for proceedings held before District Judge Patricia Tolliver Giles: Motion Hearing held on 6/3/2025.Appearances of Counsel for Plaintiffs and Counsel for Defendants.RE: 9 MOTION for Preliminary Injunction filed by H.H., E.Y., L.K., S.H., O.H., C.Y., E.K., E.G., S.K., M.T. - MATTER ARGUED - TAKEN UNDER ADVISEMENT - ORDER TO FOLLOW.The Court DIRECTS Defts to file all information/lists as to material removed within 7 days.Court Reporter: S. Wallace(pmil, ) (Entered: 06/03/2025)

MOTION for Extension of Time by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 06/06/2025)

NOTICE by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez re 38 MOTION for Extension of Time (Waiver of Hearing) (Loftus, Meghan) (Entered: 06/06/2025)

ORDERED that Defendants' motion 38 is GRANTED: and it is further ORDERED that Defendants' deadline with respect to the filing of the list of books is extended to June 16, 2025. Signed by District Judge Patricia Tolliver Giles on 06/09/2025. (dvanm) (Entered: 06/09/2025)

MOTION for Reconsideration of Court's June 3, 2025 Order by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 06/11/2025)

Memorandum in Support re 41 MOTION for Reconsideration of Court's June 3, 2025 Order filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Attachments: # 1 Exhibit Second Dill Declaration)(Loftus, Meghan) (Entered: 06/11/2025)

NOTICE by Beth Schiavino-Narvaez re 41 MOTION for Reconsideration of Court's June 3, 2025 Order (Waiver of Hearing) (Loftus, Meghan) (Entered: 06/11/2025)

Memorandum in Opposition re 41 MOTION for Reconsideration of Court's June 3, 2025 Order filed by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Callahan, Matthew) Modified to correct filer names on 6/13/2025 (dvanm). (Entered: 06/13/2025)

ORDER that Defts produce the list of books pending review by the Department of Defense ex parte for the Court's in camera review by 06/16/2025 at 5:00 p.m. Signed by District Judge Patricia Tolliver Giles on 06/16/25. (pmil, ) (Entered: 06/16/2025)

NOTICE by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez re 45 Order (Loftus, Meghan) (Entered: 06/16/2025)

TRANSCRIPT of proceedings held on 6-3-25, before Judge Patricia Tolliver Giles, Court Reporter/Transcriber Scott Wallace, Telephone number 202 277-3739. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 7/21/2025. Redacted Transcript Deadline set for 8/20/2025. Release of Transcript Restriction set for 9/18/2025.(wallace, scott) (Entered: 06/20/2025)

MOTION to Dismiss by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Mezger, Matthew) (Entered: 06/27/2025)

Memorandum in Support re 48 MOTION to Dismiss filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Mezger, Matthew) (Entered: 06/27/2025)

Notice of Hearing Date re 48 MOTION to Dismiss, 49 Memorandum in Support (Mezger, Matthew) (Entered: 06/27/2025)

Set Motion and R&R Deadlines/Hearings

Set Deadline as to 48 MOTION to Dismiss. Motion Hearing set for 7/24/2025 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (triv)

Consent MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Attachments: # 1 Proposed Order)(Callahan, Matthew) (Entered: 06/30/2025)

1 Proposed Order

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Waiver of re 51 Consent MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss hearing date by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K. (Callahan, Matthew) (Entered: 06/30/2025)

ORDERED that Plaintiffs' motion is GRANTED; and it is further ORDERED that Plaintiffs shall file any memorandum of law in response to Defendants' Motion to Dismiss on or before July 16, 2025 in re 51 Motion for Extension of Time to File Response/Reply. Signed by District Judge Patricia Tolliver Giles on 7/2/2025. (swil) (Entered: 07/02/2025)

ORDERED that Plaintiffs' motion is GRANTED; and it is further ORDERED that Plaintiffs shall file any memorandum of law in response to Defendants' Motion to Dismiss on or before July 16, 2025 in re 51 Motion for Extension of Time to File Response/Reply. Signed by District Judge Patricia Tolliver Giles on 7/2/2025. (swil) (Entered: 07/02/2025)

MEMORANDUM ORDER Denying Defendants' Motion for Reconsideration (Dkt. 41); and it is further ORDERED that the list of books (as submitted to the Court) is deemed filed on the public docket and included as Attachment A to this Memorandum Order. Signed by District Judge Patricia Tolliver Giles on 07/11/2025. (see order for details)(dvanm) (Entered: 07/11/2025)

Memorandum in Opposition re 48 MOTION to Dismiss filed by C.Y., E.G., E.K., E.Y., H.H., L.K.(by and through parent and next friend Anna Kenkel), M.T., O.H., S.H., S.K.. (Heilman, Eden) (Entered: 07/16/2025)

ORDER that the hearing on the 48 MOTION to Dismiss on for 07/24/2025 is TERMINATED (see Order for details). Signed by District Judge Patricia Tolliver Giles on 07/17/25. (pmil, ) (Entered: 07/17/2025)

RESPONSE in Support re 48 MOTION to Dismiss filed by Department of Defense Education Activity, Peter B. Hegseth, Beth Schiavino-Narvaez. (Loftus, Meghan) (Entered: 07/22/2025)

MEMORANDUM OPINION in re Motion for Preliminary Injunction (see Order for details). Signed by District Judge Patricia Tolliver Giles on 10/20/2025. (swil) (Entered: 10/20/2025)

ORDERED that Plaintiffs' Motion for Preliminary Injunction (Dkt. 9) is GRANTED in part and DENIED in part; it is further ORDERED that the injunction applies to Plaintiffs' five DoDEA schools: Crossroads Elementary School, Barsanti Elementary School, Aviano Middle-High School, Stollars Elementary School, and Egdren Middle High School; it is further ORDERED that Defendants DoDEA, Dr. Beth Schiavano-Narvaez, and Secretary of Defense Peter Brian Hegseth, along with their agents, are enjoined from further removals of educational books and curricular content in implementation of Executive Order Nos. 14168, 14185, and 14190 and any related memoranda, directives, and guidance at Plaintiffs' DoDEA schools; and it is further ORDERED that Defendants and their agents immediately restore the library books and curricular materials that have been removed since January 19, 2025 in implementation of the EOs to their preexisting shelves, classrooms, and units at Plaintiffs' five schools. Signed by District Judge Patricia Tolliver Giles on 10/20/2025. (swil) (Entered: 10/20/2025)