Case: American Council of Learned Societies v. McDonald

1:25-cv-03657 | U.S. District Court for the Southern District of New York

Filed Date: May 1, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the government's alleged dismantling of the National Endowment for the Humanities (NEH).  ​​On May 1, 2025, the American Council of Learned Societies (ACLS), the American Historical Association, and the Modern Language Association filed this lawsuit in the U.S. District Court for the Southern District of New York (SDNY). Defendants included the NEH  DOGE, and various DOGE officials. ACLS challenged the dismantling of NEH, including the elimination of nearly all of its progr…

This case challenges the government's alleged dismantling of the National Endowment for the Humanities (NEH). 

​​On May 1, 2025, the American Council of Learned Societies (ACLS), the American Historical Association, and the Modern Language Association filed this lawsuit in the U.S. District Court for the Southern District of New York (SDNY). Defendants included the NEH  DOGE, and various DOGE officials. ACLS challenged the dismantling of NEH, including the elimination of nearly all of its programs and mass firings of staff. Plaintiffs alleged that Defendants' dismantling of NEH violated the separation of powers, the Impoundment Control Act, the Appropriations Act, the Administrative Procedure Act (APA), and the First Amendment. Plaintiffs sought a declaration that the dismantling of NEH and mass termination of staff was unlawful, injunctive relief enjoining Defendants from enforcing the terminations, and attorneys' fees.The case was assigned to District Judge Colleen McMahon.

On May 14, 2025, ACLS filed a motion for a preliminary injunction (PI). That same day, the court consolidated this action with a similar case, The Authors Guild v. National Endowment for the Humanities. On May 27, ACLS and The Authors Guild (Plaintiffs) filed an amended complaint.

On May 30, Defendants filed a motion to dismiss. On July 25, 2025, following briefing on the motions to dismiss and preliminary injunction, the court granted in part and denied in part Plaintiffs' motion for a preliminary injunction. 2025 WL 2097738. The court stayed Defendants' April 2025 grant cancellations for the putative class of grantees and ordered that the grant funds not be regranted to other parties for the duration of the litigation. The court held that Plaintiffs were likely to succeed in proving that the grant terminations violated the First Amendment and the APA. However, Plaintiffs' other claims were dismissed for lack of standing. The court also refrained from directly ordering NEH to pay out the grants, an order it found had to come from the Court of Federal Claims. 

On August 1, 2025, ACLS appealed the district court's order granting in part and denying in part Defendants' motion to dismiss to the U.S. Court of Appeals for the Second Circuit. The Second Circuit denied ACLS’s motion to expedite the appeal on September 11, 2025.

On October 1, 2025, Chief Judge Swain entered a standing order staying all civil cases where the U.S. Attorneys’ Office for SDNY had appeared as counsel for federal agencies or officials. On October 2, Judge McMahon responded to a request by the ACLS that discovery continue despite the government shutdown, stating that Civil Division attorneys were not permitted to do any work based on Chief Judge Swain's order, and, consequently, the case was stayed. 

Plaintiffs moved to compel compliance with discovery. Despite the court ordering that the matter would not be limited to the administrative record, Defendants firmly insisted that it presumptively did not need to produce information beyond the administrative record. Particularly, Defendants allegedly refused to conduct any search of records from DOGE. 

The court granted this motion in full on December 18, 2025, overruling Defendants' objections that the record should be limited. The full scope of Defendants' discovery obligations were included in a separate order.

Discovery disputes continued as Defendants attempted to claim documents that Plaintiffs sought were privileged. After Plaintiffs informed the court that Defendants did not produce documents within the timeline set by the court, Judge McMahon ordered compliance again on February 13, 2026. Judge McMahon wrote the following on plaintiff's motion:

"I am quite tired of your discovery disputes. The documents MUST BE PRODUCED by Monday, even if Monday is a federal holiday. I will not modify the schedule for briefing purposes in this letter, as I have already signed off on it. PS - I am not interested in further argument. Produce the documents now."

The same day Plaintiffs filed a memorandum seeking spoliation sanctions against Defendants, arguing that three key government witnesses – NEH Chair Michael McDonald and DOGE members Nate Cavanaugh and Justin Fox –violated their preservation obligations by using Signal, an unauthorized messaging app, to conduct official government business without preserving these communications. McDonald testified that he set Signal messages to auto-delete after "a matter of days" to enable "protected" communications, despite anticipating litigation over grant terminations. Similarly, Cavanaugh prepared weekly "deletions scorecards" tracking terminated grants and shared them via Signal with DOGE leadership. Plaintiffs contended that Defendants violated both litigation anticipation standards and the Federal Records Act, which requires federal employees to preserve records sent via non-official electronic messaging accounts within 20 days. Plaintiffs requested that the court draw adverse inferences against defendants, consider the spoliation evidence when evaluating summary judgment motions, and order Defendants to pay Plaintiffs' attorneys' fees and costs.

Plaintiffs then filed a motion for summary judgment on March 6, 2026. The motion advanced three primary constitutional claims: First Amendment violations based on viewpoint and association-based discrimination, Fifth Amendment Equal Protection Clause violations, and separation of powers violations through ultra vires action without statutory authority. Central to the First Amendment claim was evidence that DOGE agents Fox and Cavanaugh terminated grants based on disfavored viewpoints related to diversity, equity, and inclusion (DEI) and political association with the Biden Administration. Plaintiffs documented how these DOGE agents used ChatGPT to identify "DEI" grants through prompts that specifically flagged grants mentioning particular races, ethnicities, and genders. Critical to the separation of powers claim was evidence showing that Acting NEH Chair McDonald explicitly told DOGE agents "it's your decision" and that he could only make "recommendations" that were ultimately rejected. Plaintiffs further demonstrated that Fox drafted termination notices himself and sent them from an unofficial Microsoft email address, underscoring the lack of proper governmental authority. Supporting their Equal Protection claim, Plaintiffs presented spreadsheets showing ChatGPT classifications and "DEI rationales" along with search terms that specifically targeted minority groups while excluding majority groups.

Defendants filed a letter with the court on March 10, 2026, requesting urgent intervention, alleging that Plaintiffs had violated discovery rules by publishing video depositions of four Government witnesses on YouTube, sharing discovery materials with New York Times reporters for a March 7, 2026, article, and having affiliated organizations publish discovery documents on their websites. The letter requested a protective order to remove the video depositions from the internet, restriction of further dissemination of discovery materials not on the public docket, and to schedule an immediate telephone conference to address these issues. Judge McMahon scheduled a hearing for March 17, 2026, and further ordered that Plaintiffs " immediately take any and all possible steps to claw back the videos of the depositions of the witnesses" and "take no further steps to disseminate any discovery materials in this case."

Following the hearing, Judge McMahon denied Defendants' motion for a protective order in its entirety on March 23, 2026, based on the government's failure to demonstrate "good cause" for the requested protective order. 2026 WL 810422. The court found that the deposition videos were not "judicial documents" subject to the presumption of public access because they were never properly filed with the Clerk of Court, having only been sent to Chambers "under separate cover." Defendants' failure to show good cause rested on three grounds: the materials concerned conduct of public officials in their official capacities, substantially diminishing privacy interests; the government did not make a particularized showing of "clearly defined, specific and serious injury"; and the government failed to demonstrate that the proposed relief would effectively prevent the identified harms from third-party actors. As a result, the court lifted the temporary restraint and allowed Plaintiffs to republish the deposition videos without restrictions.

On March 27, 2026, Defendants filed a cross-motion for summary judgment.

On May 7, 2026, the district court granted Plaintiffs’ motion for summary judgment and denied Defendants’ cross-motion for summary judgment. 2026 WL 1256545. The court declared that the mass termination of staff was unconstitutional, unlawful, ultra vires, and without legal effect, and that DOGE officials lacked statutory authority to identify, select, or direct the termination of NEH grants. The court permanently enjoined Defendants from enforcing, implementing, or giving an effect to the mass terminations and from terminating grants on the same or all substantially similar impermissible bases. The court declined to impose spoliation sanctions on Defendants because Plaintiffs did not show an intent to deprive them of the Signal records—this was the platform used by other DOGE-affiliated personnel, and it was not selected by Defendants to prevent discovery of NEH-related communications. 

The court held that the mass terminations violated the First Amendment’s Free Speech Clause and the Equal Protection Clause of the Fifth Amendment. The court explained that the record demonstrated that Defendants had used search terms and phrases, such as “BIPOC”, “Minorities”, and “LGBTQ”, to name a few, to make termination decisions. Additionally, the court held that these termination decisions were driven by classification of grants as being related to DEI or as being associated with the Biden Administration, constituting viewpoint discrimination. 

In the same order, the court granted class certification of a proposed class defined as  “All National Endowment for the Humanities grant recipients whose grants were awarded on or after January 20, 2021 and terminated as part of the Mass Termination.” The court also granted a DEI subclass consisting of “All members whose grants were marked by Defendants for termination as ‘DEI’” and a Biden-Era Subclass including  “All members whose grants were terminated without being marked as ‘DEI’.” 

On July 6, 2026, Defendants appealed the district court’s May 2026 order to the U.S. Court of Appeals for the Second Circuit (26-1829). Briefing in this court is ongoing. 

As of August 6, 2026, this case is ongoing.

Summary Authors

Kara Wilczynski (8/10/2026)

Scott Shuchart (5/8/2025)

Emma Vayda (6/20/2025)

Matt Petrillo (7/31/2025)

Allison Opheim (10/22/2025)

Jinan Abufarha (12/21/2025)

Maddy Ligon (4/1/2026)

Related Cases

Authors Guild v. National Endowment for the Humanities, Southern District of New York (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70035052/parties/american-council-of-learned-societies-v-mcdonald/


Judge(s)
Attorney for Plaintiff

-, Daniel F.

-, Michael D. (New York)

-, Jamie Crooks, (New York)

-, John Robinson,

Attorney for Defendant

-, Derek Weiss, (New York)

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-03657

Complaint for Declaratory and Injunctive Relief

May 1, 2025

May 1, 2025

Complaint
24

1:25-cv-03657

Notice of Motion for a Preliminary Injunction

May 14, 2025

May 14, 2025

Pleading / Motion / Brief
52

1:25-cv-03657

Order Consolidating Cases and Setting Briefing Schedule

May 14, 2025

May 14, 2025

Order/Opinion
76

1:25-cv-03657

Notice of Motion

May 30, 2025

May 30, 2025

Pleading / Motion / Brief
109

1:25-cv-03657

Order

July 7, 2025

July 7, 2025

Order/Opinion
116

1:25-cv-03657

Decision and Order Granting in Part and Denying in Part Plaintiffs' Motion for a Preliminary Injunction and Granting in Part and Denying in Part Defendants' Motion to Dismiss

July 25, 2025

July 25, 2025

Order/Opinion

2025 WL 2097738

122

1:25-cv-03657

Order Granting Preliminary Injunction

The Authors Guild v. National Endowment for the Humanities

Aug. 6, 2025

Aug. 6, 2025

Order/Opinion
221

1:25-cv-03657

Plaintiffs’ Memorandum Of Law In Support Of Motion For Spoliation Sanctions Against Defendants

American Council of Learned Societies et al. v. McDonald et al.

Feb. 13, 2026

Feb. 13, 2026

Pleading / Motion / Brief
247

1:25-cv-03657

Memorandum in Support of Plaintiffs' Motion for Summary Judgment

American Council of Learned Societies et al. v. McDonald et al.

March 6, 2026

March 6, 2026

Pleading / Motion / Brief
270

1:25-cv-03657

Opinion and Order

The Authors Guild et al. v. National Endowment for the Humanities et al.

March 23, 2026

March 23, 2026

Order/Opinion

2026 WL 810422

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70035052/american-council-of-learned-societies-v-mcdonald/

Last updated Sept. 1, 2026, 4:16 a.m.

Docket for: American Council of Learned Societies v. McDonald
ECF Number Date Description Link
1 May 1, 2025

COMPLAINT against Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service. (Filing Fee $ 405.00, Receipt Number ANYSDC-31017393)Document filed by Modern Language Association of America, American Historical Association, American Council of Learned Societies..(Robinson, John) (Entered: 05/01/2025)

Clearinghouse
2 May 1, 2025

CIVIL COVER SHEET filed..(Robinson, John) (Entered: 05/01/2025)

RECAP
3 May 1, 2025

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Council of Learned Societies..(Robinson, John) (Entered: 05/01/2025)

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4 May 1, 2025

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Historical Association..(Robinson, John) (Entered: 05/01/2025)

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5 May 1, 2025

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Modern Language Association of America..(Robinson, John) (Entered: 05/01/2025)

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6 May 1, 2025

FILING ERROR - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Michael McDonald, National Endowment for the Humanities, United States DOGE Service, Amy Gleason, Nate Cavanaugh, Justin Fox, Pam Bondi, U.S. Attorney's Office for the Southern District of New York, re: 1 Complaint,. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America. (Attachments: # 1 Exhibit Summons - McDonald, # 2 Exhibit Summons - NEH, # 3 Exhibit Summons - DOGE, # 4 Exhibit Summons - Gleason, # 5 Exhibit Summons - Cavanaugh, # 6 Exhibit Summons - Fox, # 7 Exhibit Summons - AG Bondi).(Robinson, John) Modified on 5/2/2025 (gp). (Entered: 05/01/2025)

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7 May 2, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to Michael McDonald, re: 1 Complaint,. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/02/2025)

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8 May 2, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to National Endowment for the Humanities, re: 1 Complaint,. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/02/2025)

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9 May 2, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to United States DOGE Service, re: 1 Complaint,. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/02/2025)

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10 May 2, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to Amy Gleason, re: 1 Complaint,. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/02/2025)

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11 May 2, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to Nate Cavanaugh, re: 1 Complaint,. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/02/2025)

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12 May 2, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to Justin Fox, re: 1 Complaint,. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/02/2025)

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13 May 2, 2025

FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Civil process clerk, U.S. Attorney's Office, re: 1 Complaint,. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) Modified on 5/6/2025 (vf). (Entered: 05/02/2025)

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14 May 2, 2025

FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Pam Bondi, re: 1 Complaint,. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) Modified on 5/6/2025 (vf). (Entered: 05/02/2025)

RECAP
15 May 2, 2025

MOTION for Lynn D. Eisenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31025372. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America. (Attachments: # 1 Affidavit in support of motion to appear Pro Hac Vice, # 2 Supplement Certificate of Good Standing, # 3 Supplement Certificate of Good Standing, # 4 Proposed Order to admit Pro Hac Vice).(Eisenberg, Lynn) (Entered: 05/02/2025)

1 Affidavit in support of motion to appear Pro Hac Vice

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2 Supplement Certificate of Good Standing

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3 Supplement Certificate of Good Standing

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4 Proposed Order to admit Pro Hac Vice

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RECAP
May 2, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Robinson. The party information for the following party/parties has been modified: Michael McDonald, Amy Gleason, Nate Cavanaugh, Justin Fox. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp)

May 2, 2025

Notice to Attorney Regarding Deficient Request for Issuance of Summons

May 2, 2025

Case Opening Initial Assignment Notice

May 2, 2025

Notice to Attorney Regarding Party Modification

May 2, 2025

Notice Regarding Pro Hac Vice Motion

May 2, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)

May 2, 2025

Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)

May 2, 2025

Case Designation

May 2, 2025

Case Designated ECF. (gp)

May 2, 2025

Case Designated ECF

May 2, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Robinson to RE-FILE Document No. 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to multiple summonses attached as one filing. Please file your request for summons either separately or with a rider listing each defendants name. (gp)

May 2, 2025

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Lynn D. Eisenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31025372. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

May 2, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel F. Jacobson. The party information for the following party/parties has been modified: Modern Language Association of America. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)

16 May 5, 2025

ORDER FOR ADMISSION PRO HAC VICE granting 15 Motion for Lynn D. Eisenberg to Appear Pro Hac Vice. The motion of Lynn D. Eisenberg for admission Pro Hac Vice in the above captioned case is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of Court. (Signed by Judge Colleen McMahon on 5/5/2025) (jjc) (Entered: 05/05/2025)

RECAP
17 May 5, 2025

ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: Counsel receiving this order shall contact all counsel of record ( or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via ECF specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must appear at a conference on 9/4/2025 at 10:30 a.m., in courtroom 24A, 500 Pearl Street, New York, New York, 10007. (Initial Conference set for 9/4/2025 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 5/5/25) (yv) (Entered: 05/05/2025)

RECAP
18 May 6, 2025

ELECTRONIC SUMMONS ISSUED as to Michael McDonald. (vf) (Entered: 05/06/2025)

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19 May 6, 2025

ELECTRONIC SUMMONS ISSUED as to National Endowment for the Humanities. (vf) (Entered: 05/06/2025)

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20 May 6, 2025

ELECTRONIC SUMMONS ISSUED as to United States DOGE Service. (vf) (Entered: 05/06/2025)

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21 May 6, 2025

ELECTRONIC SUMMONS ISSUED as to Amy Gleason. (vf) (Entered: 05/06/2025)

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22 May 6, 2025

ELECTRONIC SUMMONS ISSUED as to Nate Cavanaugh. (vf) (Entered: 05/06/2025)

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23 May 6, 2025

ELECTRONIC SUMMONS ISSUED as to Justin Fox. (vf) (Entered: 05/06/2025)

RECAP
May 6, 2025

Notice to Attorney Regarding Deficient Request for Issuance of Summons

May 6, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Robinson to RE-FILE Document No. 13 Request for Issuance of Summons, 14 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant party name listed on Summons PDF does not correspond to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)

24 May 14, 2025

MOTION for Preliminary Injunction . Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America. (Attachments: # 1 Proposed Order Text of proposed order).(Robinson, John) (Entered: 05/14/2025)

1 Proposed Order Text of proposed order

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Clearinghouse
25 May 14, 2025

MEMORANDUM OF LAW in Support re: 24 MOTION for Preliminary Injunction . . Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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26 May 14, 2025

DECLARATION of John Robinson in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America. (Attachments: # 1 Exhibit 1 - organization chart, # 2 Exhibit 2 - NEH annual report, # 3 Exhibit 3 - ACLS award, # 4 Exhibit 4 - ACLS award, # 5 Exhibit 5 - AHA award, # 6 Exhibit 6 - AHA award, # 7 Exhibit 7 - MLA award, # 8 Exhibit 8 - MLA award, # 9 Exhibit 9 - Termination example, # 10 Exhibit 10 - Guidance, # 11 Exhibit 11 - Termination email, # 12 Exhibit 12 - Termination email, # 13 Exhibit 13 - Garden NOFO, # 14 Exhibit 14 - Websites, # 15 Exhibit 14 (continued), # 16 Exhibit 15 - Press release).(Robinson, John) (Entered: 05/14/2025)

1 Exhibit 1 - organization chart

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2 Exhibit 2 - NEH annual report

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3 Exhibit 3 - ACLS award

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4 Exhibit 4 - ACLS award

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5 Exhibit 5 - AHA award

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6 Exhibit 6 - AHA award

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7 Exhibit 7 - MLA award

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8 Exhibit 8 - MLA award

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9 Exhibit 9 - Termination example

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10 Exhibit 10 - Guidance

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11 Exhibit 11 - Termination email

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12 Exhibit 12 - Termination email

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13 Exhibit 13 - Garden NOFO

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14 Exhibit 14 - Websites

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15 Exhibit 14 (continued)

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16 Exhibit 15 - Press release

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RECAP
27 May 14, 2025

DECLARATION of Joy Connolly in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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28 May 14, 2025

DECLARATION of James Grossman in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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29 May 14, 2025

DECLARATION of Paula Krebs in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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30 May 14, 2025

DECLARATION of Richard Roe in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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31 May 14, 2025

DECLARATION of John Doe in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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32 May 14, 2025

DECLARATION of Jane Doe in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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33 May 14, 2025

DECLARATION of Katherine S. Newman in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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34 May 14, 2025

DECLARATION of David F. Kotz in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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35 May 14, 2025

DECLARATION of Caroline Gottschalk Druschke in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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36 May 14, 2025

DECLARATION of Christine Wenc in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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37 May 14, 2025

DECLARATION of Michael Martoccio in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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38 May 14, 2025

DECLARATION of Eric Hoyt in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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39 May 14, 2025

DECLARATION of Jeffrey Urbach in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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40 May 14, 2025

DECLARATION of Richard Mocarski in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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41 May 14, 2025

DECLARATION of Krista Caballero in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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42 May 14, 2025

DECLARATION of Suzanne Kite in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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43 May 14, 2025

DECLARATION of Shashank Priya in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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44 May 14, 2025

DECLARATION of Dr. Joseph T. Walsh, Jr. in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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45 May 14, 2025

DECLARATION of Mattie Burkert in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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46 May 14, 2025

DECLARATION of Rachel Kuo in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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47 May 14, 2025

DECLARATION of Laura Morreale in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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48 May 14, 2025

DECLARATION of Lauren Tilton in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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49 May 14, 2025

DECLARATION of Julie M. Weise in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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50 May 14, 2025

DECLARATION of Mark Moe in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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51 May 14, 2025

DECLARATION of Krista Caballero (corrected) in Support re: 24 MOTION for Preliminary Injunction .. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America..(Robinson, John) (Entered: 05/14/2025)

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52 May 14, 2025

ORDER CONSOLIDATING CASES AND SETTING BRIEFING SCHEDULE re: (24 in 1:25-cv-03657-CM) MOTION for Preliminary Injunction. I have today received word that the plaintiffs in American Council of Learned Societies et al v. McDonald et al (25-cv-03657) have filed a motion for a preliminary injunction. A few hours ago, I also was assigned a related case, The Authors Guild et al v. National Endowment for the Humanities et al (25-cv- 03923), which appears to be substantially identical to the American Council case. I am tentatively consolidating the two cases for all purposes. All filings should be made under the lower docket number, which is 25-cv-03657. If someone can convince me that that consolidation should be undone, I will take care of it next month. If the plaintiffs in Authors Guild intend to join the motion for a preliminary injunction in American Council, or if they wish to make their own separate motion, they have until May 23, 2025 to do so. If the Government wishes to make any cross motions, it must do so by May 30, 2025. Responsive papers in opposition to the preliminary injunction motion(s) are due on June 5, 2025. Reply papers on the preliminary injunction motion(s) AND responses to any cross motions that the Government makes are due on June 13, 2025. Reply papers on any cross motions made by the Government are due on June 20, 2025. In the highly unlikely event that I require oral argument, I will notify the parties. BY ECF TO ALL COUNSEL. SO ORDERED. (Signed by Judge Colleen McMahon on 5/14/2025) (Motions due by 5/30/2025. Replies due by 6/13/2025. Responses due by 6/5/2025) (ar) (Entered: 05/14/2025)

Clearinghouse
53 May 15, 2025

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael Lieberman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31087741. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valarie Orlando, The Authors Guild. (Attachments: # 1 Affidavit Affidavit in Support, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Lieberman, Michael) Modified on 5/15/2025 (bc). (Entered: 05/15/2025)

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54 May 15, 2025

NOTICE OF APPEARANCE by Rachael Lightfoot Doud on behalf of Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service. Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Doud, Rachael) (Entered: 05/15/2025)

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May 15, 2025

Notice Regarding Deficient Motion to Appear Pro Hac Vice

May 15, 2025

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 53 MOTION for Michael Lieberman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31087741. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit must be notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc)

May 15, 2025

Notice Regarding Deficient Motion to Appear Pro Hac vice

55 May 20, 2025

MOTION for Michael Lieberman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valarie Orlando, The Authors Guild. (Attachments: # 1 Proposed Order Proposed Order, # 2 Affidavit Affidavit, # 3 Exhibit Certificate of Good Standing).(Lieberman, Michael) (Entered: 05/20/2025)

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56 May 20, 2025

MOTION for Jamie Crooks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31110916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valarie Orlando, The Authors Guild. (Attachments: # 1 Proposed Order Proposed Order, # 2 Affidavit Affidavit, # 3 Exhibit Certificate of Good Standing).(Crooks, Jamie) (Entered: 05/20/2025)

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May 20, 2025

Notice Regarding Pro Hac Vice Motion

May 20, 2025

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 55 MOTION for Michael Lieberman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

May 20, 2025

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 56 MOTION for Jamie Crooks to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31110916. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

57 May 21, 2025

ORDER FOR ADMISSIONPRO HAC VICE granting 56 Motion for Jamie Crooks to Appear Pro Hac Vice. The motion of Jamie Crooks, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 5/21/25) (yv) (Entered: 05/21/2025)

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58 May 21, 2025

ORDER FOR ADMISSION PRO HAC VICE granting 55 Motion for Michael Lieberman to Appear Pro Hac Vice. The motion of Michael Lieberman, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 5/21/25) (yv) (Entered: 05/21/2025)

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59 May 21, 2025

MOTION for Amanda Vaughn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31117358. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valarie Orlando, The Authors Guild. (Attachments: # 1 Proposed Order Proposed Order, # 2 Affidavit Affidavit, # 3 Exhibit Certificate of Good Standing, # 4 Exhibit Certificate of Good Standing).(Vaughn, Amanda) (Entered: 05/21/2025)

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60 May 21, 2025

SUMMONS RETURNED EXECUTED. Nate Cavanaugh served on 5/13/2025, answer due 7/14/2025; Justin Fox served on 5/13/2025, answer due 7/14/2025; Amy Gleason served on 5/13/2025, answer due 7/14/2025; Michael McDonald served on 5/13/2025, answer due 7/14/2025; National Endowment for the Humanities served on 5/13/2025, answer due 7/14/2025; United States DOGE Service served on 5/13/2025, answer due 7/14/2025. Service was made by Mail. Document filed by American Historical Association; American Council of Learned Societies; Modern Language Association of America..(Robinson, John) (Entered: 05/21/2025)

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61 May 21, 2025

NOTICE OF APPEARANCE by Mary Ellen Brennan on behalf of Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service, Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, United States DOGE Service. Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Brennan, Mary) (Entered: 05/21/2025)

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62 May 21, 2025

CONSENT LETTER MOTION for Extension of Time for defendants to file any cross motions addressed to Judge Colleen McMahon from Mary Ellen Brennan dated May 21, 2025. Document filed by Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service.Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Brennan, Mary) (Entered: 05/21/2025)

RECAP
May 21, 2025

Notice Regarding Pro Hac Vice Motion

May 21, 2025

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 59 MOTION for Amanda Vaughn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31117358. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

63 May 22, 2025

ORDER denying (62) Letter Motion for Extension of Time in case 1:25-cv-03657-CM; denying (20) Letter Motion for Extension of Time in case 1:25-cv-03923-CM. The May 14 order does alter Defendants' time to answer or otherwise respond to the complaints. This is why I set the schedule that I did with adequate time set out for opposition papers and replies. To the extent there is overlap, Defendants may reference their motion papers in their subsequent opposition papers. The schedule remains the same. (Signed by Judge Colleen McMahon on 5/22/25) Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (yv) (Entered: 05/22/2025)

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64 May 22, 2025

ORDER FOR ADMISSION PRO HAC VICE granting 59 Motion for Amanda Vaughn to Appear Pro Hac Vice. The motion of Amanda Vaughn, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 5/22/25) (yv) (Entered: 05/22/2025)

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65 May 23, 2025

MOTION for Preliminary Injunction . Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valarie Orlando, The Authors Guild. (Attachments: # 1 Exhibit Memorandum in Support, # 2 Proposed Order Proposed Order).(Crooks, Jamie) (Entered: 05/23/2025)

1 Exhibit Memorandum in Support

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2 Proposed Order Proposed Order

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66 May 23, 2025

DECLARATION of Michael Lieberman in Support re: 65 MOTION for Preliminary Injunction .. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valarie Orlando, The Authors Guild..(Crooks, Jamie) (Entered: 05/23/2025)

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67 May 23, 2025

DECLARATION of Mary Rasenberger in Support re: 65 MOTION for Preliminary Injunction .. Document filed by The Authors Guild..(Crooks, Jamie) (Entered: 05/23/2025)

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68 May 23, 2025

DECLARATION of Elizabeth Kadetsky in Support re: 65 MOTION for Preliminary Injunction .. Document filed by Elizabeth Kadetsky. (Attachments: # 1 Exhibit NEH Award Letter, # 2 Exhibit Notice of Grant Termination).(Crooks, Jamie) (Entered: 05/23/2025)

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69 May 23, 2025

DECLARATION of William Goldstein in Support re: 65 MOTION for Preliminary Injunction .. Document filed by William Goldstein. (Attachments: # 1 Exhibit NEH Award Letter, # 2 Exhibit Notice of Grant Termination, # 3 Exhibit Letter, # 4 Exhibit Email, # 5 Exhibit Email).(Crooks, Jamie) (Entered: 05/23/2025)

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70 May 23, 2025

DECLARATION of Benjamin Holtzman in Support re: 65 MOTION for Preliminary Injunction .. Document filed by Benjamin Holtzman. (Attachments: # 1 Exhibit Notice of Funding Opportunity, # 2 Exhibit NEH Offer Letter, # 3 Exhibit NEH Award Letter, # 4 Exhibit Notice of Grant Termination).(Crooks, Jamie) (Entered: 05/23/2025)

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71 May 23, 2025

DECLARATION of Katalin Balog in Support re: 65 MOTION for Preliminary Injunction .. Document filed by Katalin Balog. (Attachments: # 1 Exhibit NEH Award Letter, # 2 Exhibit NEH Award Letter, # 3 Exhibit Appeal of Termination, # 4 Exhibit Appeal Response).(Crooks, Jamie) (Entered: 05/23/2025)

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72 May 23, 2025

DECLARATION of Valerie Orlando in Support re: 65 MOTION for Preliminary Injunction .. Document filed by Valarie Orlando. (Attachments: # 1 Exhibit NEH Offer Letter, # 2 Exhibit Notice of Grant Termination, # 3 Exhibit Appeal of Termination).(Crooks, Jamie) (Entered: 05/23/2025)

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73 May 23, 2025

DECLARATION of Nicole Jenkins in Support re: 65 MOTION for Preliminary Injunction .. Document filed by Nicole Jenkins. (Attachments: # 1 Exhibit NEH Award Letter).(Crooks, Jamie) (Entered: 05/23/2025)

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74 May 23, 2025

DECLARATION of Lee Jasperse in Support re: 65 MOTION for Preliminary Injunction .. Document filed by Lee Jasperse. (Attachments: # 1 Exhibit NEH Award Letter, # 2 Exhibit Email Confirmation, # 3 Exhibit Notice of Termination).(Crooks, Jamie) (Entered: 05/23/2025)

1 Exhibit NEH Award Letter

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2 Exhibit Email Confirmation

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3 Exhibit Notice of Termination

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75 May 27, 2025

AMENDED COMPLAINT amending Complaint (ORIGINAL FILED IN CASE 1:25-cv-3923 Doc #22) against Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service.Document filed by Benjamin Holtzman, William Goldstein, Nicole Jenkins, The Authors Guild, Valarie Orlando, Elizabeth Kadetsky, Lee Jasperse, Katalin Balog. (Crooks, Jamie) Modified on 5/27/2025 (gp). (Entered: 05/27/2025)

Clearinghouse
76 May 30, 2025

MOTION to Dismiss . Document filed by Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service..(Brennan, Mary) (Entered: 05/30/2025)

Clearinghouse
77 May 30, 2025

MEMORANDUM OF LAW in Support re: (23 in 1:25-cv-03923-CM) MOTION to Dismiss . . Document filed by Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service. Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Brennan, Mary) (Entered: 05/30/2025)

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Case Details

State / Territory:

New York

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: May 1, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three NEH grantees/associations of grantees

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal

National Endowment for the Humanities

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Southern District of New York 1:25-cv-03657

U.S. Court of Appeals for the Second Circuit 25-01905

U.S. Court of Appeals for the Second Circuit 26-01829

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Reinstatement (job, contract, grant, etc.)

Issues

Presidential/Gubernatorial Authority:

DOGE (Department of Government Efficiency)

Impoundment (mandatory spending)

Recommended Citation