Case: Association of American Universities v. Department of Energy

COMPLAINT against Department of Energy, Chris Wright Filing fee: $ 405, receipt number AMADC-10948906 (Fee Status: Filing Fee paid), filed by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Summons, # 4 Summons)(Pillay, Shoba) (Entered: 04/14/2025)

1 Civil Cover Sheet

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2 Category Form

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3 Summons

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4 Summons

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Order on Motion for Leave to File Excess Pages

Notice of Case Assignment

EXHIBIT re 1 Complaint,, by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20)(Pillay, Shoba) (Entered: 04/14/2025)

1 Exhibit 2

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2 Exhibit 3

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3 Exhibit 4

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4 Exhibit 5

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5 Exhibit 6

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6 Exhibit 7

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10 Exhibit 11

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11 Exhibit 12

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12 Exhibit 13

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13 Exhibit 14

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14 Exhibit 15

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16 Exhibit 17

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17 Exhibit 18

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18 Exhibit 19

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19 Exhibit 20

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MOTION for Temporary Restraining Order by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Attachments: # 1 Proposed Order)(Pillay, Shoba) (Entered: 04/14/2025)

1 Proposed Order

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MOTION for Leave to File Excess Pages / Motion for Leave to File Memorandum Exceeding Twenty Pages by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Attachments: # 1 Proposed Order)(Pillay, Shoba) (Entered: 04/14/2025)

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)

Summons Issued as to Department of Energy, Chris 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. (NMC) (Entered: 04/14/2025)

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 4 Motion for Leave to File Memorandum Exceeding Twenty 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. (KF) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by Association of American Universities. (Pillay, Shoba) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by American Council on Education. (Pillay, Shoba) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by Association of Public and Land-Grant Universities. (Pillay, Shoba) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by Brown University. (Pillay, Shoba) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by California Institute of Technology. (Pillay, Shoba) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by Board of Trustees of the University of Illinois. (Pillay, Shoba) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by Massachusetts Institute of Technology. (Pillay, Shoba) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by Board of Trustees of Michigan State University. (Pillay, Shoba) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by Trustees of Princeton University. (Pillay, Shoba) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by University of Rochester. (Pillay, Shoba) (Entered: 04/14/2025)

CORPORATE DISCLOSURE STATEMENT by Regents of the University of Michigan. (Pillay, Shoba) (Entered: 04/14/2025)

MEMORANDUM in Support re 3 MOTION for Temporary Restraining Order filed by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Pillay, Shoba) (Entered: 04/14/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Anjali Motgi Filing fee: $ 125, receipt number AMADC-10949809 by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Pillay, Shoba) (Entered: 04/14/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Ishan K. Bhabha Filing fee: $ 125, receipt number AMADC-10949813 by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Pillay, Shoba) (Entered: 04/14/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Lindsay Harrison Filing fee: $ 125, receipt number AMADC-10949818 by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Pillay, Shoba) (Entered: 04/14/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Lauren J. Hartz Filing fee: $ 125, receipt number AMADC-10949838 by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Pillay, Shoba) (Entered: 04/14/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Zachary C. Schauf Filing fee: $ 125, receipt number AMADC-10949850 by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Pillay, Shoba) (Entered: 04/14/2025)

EXHIBIT re 1 Complaint,, by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Pillay, Shoba) (Entered: 04/14/2025)

NOTICE of Appearance by Nicole M. O'Connor on behalf of Department of Energy, Chris Wright (O'Connor, Nicole) (Entered: 04/15/2025)

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

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 20, 21, 22, 23, and 24 Motions for Leave to Appear Pro Hac Vice. Added Anjali Motgi, Ishan K. Bhabha, Lindsay Harrison, Lauren J. Hartz, and Zachary C. Schauf. 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)

NOTICE of Appearance by Ishan Bhabha on behalf of Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan (Bhabha, Ishan) (Entered: 04/15/2025)

NOTICE of Appearance by Lindsay C. Harrison on behalf of Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan (Harrison, Lindsay) (Entered: 04/15/2025)

NOTICE of Appearance by Lauren J. Hartz on behalf of Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan (Hartz, Lauren) (Entered: 04/15/2025)

NOTICE of Appearance by Zachary C. Schauf on behalf of Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan (Schauf, Zachary) (Entered: 04/15/2025)

NOTICE of Appearance by Shoba Pillay on behalf of Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan (Pillay, Shoba) (Entered: 04/15/2025)

NOTICE by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan re 3 MOTION for Temporary Restraining Order, 19 Memorandum in Support of Motion,, (Attachments: # 1 Declaration of Kavita Bala, Ph.D., # 2 Declaration of Douglas A. Gage)(Harrison, Lindsay) (Entered: 04/15/2025)

1 Declaration of Kavita Bala, Ph.D.

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2 Declaration of Douglas A. Gage

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Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiffs' motion for a temporary restraining order, [ECF No. 3 ], is GRANTED. Defendants' opposition to the Motion is due by Tuesday, April 22, 2025. Plaintiffs may file a reply brief, limited to ten pages in length, by Friday, April 25, 2025. Counsel shall appear in-person for a hearing on the Motion at 11:00 AM on Monday, April 28, 2025 in Courtroom 17. (CAM) (Entered: 04/16/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of James Y. Xi Filing fee: $ 125, receipt number AMADC-10956680 by Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities.(Pillay, Shoba) (Entered: 04/16/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Kyle R. Eiswald Filing fee: $ 125, receipt number AMADC-10956694 by Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities.(Pillay, Shoba) (Entered: 04/16/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Paul D. Clement Filing fee: $ 125, receipt number AMADC-10956706 by Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities.(Pillay, Shoba) (Entered: 04/16/2025)

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 35 Motion for Leave to Appear Pro Hac Vice Added James Y. Xi. 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: 04/17/2025)

Order on Motion for Leave to Appear

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 36 Motion for Leave to Appear Pro Hac Vice Added Kyle R. Eiswald. 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: 04/17/2025)

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 37 Motion for Leave to Appear Pro Hac Vice Added Paul D. Clement. 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: 04/17/2025)

NOTICE of Appearance by Paul D Clement on behalf of Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities (Clement, Paul) (Entered: 04/17/2025)

NOTICE of Appearance by James Xi on behalf of Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities (Xi, James) (Entered: 04/17/2025)

NOTICE of Appearance by Kyle Raymond Eiswald on behalf of Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities (Eiswald, Kyle) (Entered: 04/17/2025)

MOTION for Leave to File Excess Pages by Department of Energy, Chris Wright.(O'Connor, Nicole) (Entered: 04/17/2025)

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 44 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. (KF) (Entered: 04/18/2025)

Order on Motion for Leave to File Excess Pages

RESPONSE TO COURT ORDER by Department of Energy, Chris Wright re 34 Order,, Set Motion and R&R Deadlines/Hearings,, Terminate Motions,, Set Hearings, . (O'Connor, Nicole) (Entered: 04/18/2025)

Opposition re 3 MOTION for Temporary Restraining Order filed by Department of Energy, Chris Wright. (O'Connor, Nicole) (Main Document 47 replaced on 4/23/2025) (KF). (Entered: 04/22/2025)

DECLARATION re 47 Opposition to Motion by Department of Energy, Chris Wright. (Attachments: # 1 Exhibit A (Policy Flash), # 2 Exhibit B (April 11, 2025 Statement), # 3 Exhibit C (Assistance Agreement - WUSL), # 4 Exhibit D (Rate Agreement - WUSL), # 5 Exhibit E (Terms and Conditions - WUSL), # 6 Exhibit F (Assistance Agreement - Iowa), # 7 Exhibit G (Rate Agreement - Iowa), # 8 Exhibit H (Terms and Conditions - Iowa), # 9 Exhibit I (Notification Letter))(O'Connor, Nicole) (Entered: 04/22/2025)

1 Exhibit A (Policy Flash)

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2 Exhibit B (April 11, 2025 Statement)

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3 Exhibit C (Assistance Agreement - WUSL)

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4 Exhibit D (Rate Agreement - WUSL)

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5 Exhibit E (Terms and Conditions - WUSL)

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6 Exhibit F (Assistance Agreement - Iowa)

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7 Exhibit G (Rate Agreement - Iowa)

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8 Exhibit H (Terms and Conditions - Iowa)

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9 Exhibit I (Notification Letter)

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Notice of correction to docket made by Court staff. Correction: docket entry 47 corrected to replace with correct document. (KF) (Entered: 04/23/2025)

Notice of correction to docket made by Court staff

MOTION for Leave to File Excess Pages Reply Memorandum Exceeding Ten Pages by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Harrison, Lindsay) Filing event, docket text modified on 4/24/2025 (CAM). (Entered: 04/24/2025)

Order on Motion for Leave to File Excess Pages

NOTICE of Appearance by Brian Lea on behalf of Department of Energy, Chris Wright (Lea, Brian) (Entered: 04/24/2025)

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 50 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: 04/24/2025)

REPLY to Response to 3 MOTION for Temporary Restraining Order filed by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Attachments: # 1 Exhibit 1 - Declaration of Sally Morton)(Harrison, Lindsay) (Entered: 04/25/2025)

1 Exhibit 1 - Declaration of Sally Morton

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Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Hearing on Motion held on 4/28/2025. Oral argument by the parties. Court takes matter under advisement. TRO will stay in effect while motion is under advisement. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Bhabha, Clement, Xi, Pillay, Lea, O'Connor) (KF) (Entered: 04/28/2025)

Hearing - Other

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On April 16, 2025, this Court granted Plaintiffs' motion for a temporary restraining order. [ECF No. 34 ]. That temporary restraining order is set to expire on April 30, 2025. Fed. R. Civ. P. 65(b)(2). Based on the April 28, 2025 motion hearing, the Court finds that good cause exists to extend the temporary restraining order, which will remain in effect until a further order is issued resolving the request for a preliminary injunction. (CAM) (Entered: 04/29/2025)

Order

Notice of Filing of Official Transcript

Transcript of Hearing held on April 28, 2025, before Judge Allison D. Burroughs. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 5/20/2025. Redacted Transcript Deadline set for 5/30/2025. Release of Transcript Restriction set for 7/28/2025. (DRK) (Entered: 04/29/2025)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 04/29/2025)

STATUS REPORT by Department of Energy, Chris Wright. (O'Connor, Nicole) (Entered: 05/02/2025)

NOTICE by Department of Energy, Chris Wright of Filing Supplemental Declaration (O'Connor, Nicole) (Entered: 05/02/2025)

DECLARATION re 59 Notice (Other) by Department of Energy, Chris Wright. (Attachments: # 1 Exhibit Washington Univ at St Louis NICRA, # 2 Exhibit Univ Wisconsin Madison NICRA, # 3 Exhibit MIT NICRA)(O'Connor, Nicole) (Entered: 05/02/2025)

1 Exhibit Washington Univ at St Louis NICRA

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2 Exhibit Univ Wisconsin Madison NICRA

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3 Exhibit MIT NICRA

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Response by American Council on Education, Association of American Universities, Association of Public and Land-Grant Universities, Board of Trustees of Michigan State University, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Trustees of Princeton University, University of Rochester to 60 Declaration of Berta Schreiber. (Harrison, Lindsay) (Entered: 05/05/2025)

Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the reasons sets forth (herein), Plaintiffs' motion for a preliminary injunction is GRANTED. Defendants and their officers, employees, servants, agents, app ointees, and successors are hereby enjoined from implementing, instituting, maintaining, or giving effect to the Rate Cap Policy in any form with respect to IHEs nationwide until a further order is issued by this Court.SO ORDERED. (CAM)