Case: Association of American Universities v. National Science Foundation

COMPLAINT against National Science Foundation, Brian Stone Filing fee: $ 405, receipt number AMADC-10989761 (Fee Status: Filing Fee paid), filed by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Summons - National Science Foundation)(Pillay, Shoba) (Entered: 05/05/2025)

1 Category Form

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2 Civil Cover Sheet

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3 Summons - National Science Foundation

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EXHIBIT re 1 Complaint,,, / Summons - Brian Stone by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania. (Pillay, Shoba) (Entered: 05/05/2025)

CORPORATE DISCLOSURE STATEMENT by California Institute of Technology. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by The Regents of the University of California. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by Carnegie Mellon University. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by University of Chicago. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by Cornell University. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by Board of Trustees of the University of Illinois. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by Massachusetts Institute of Technology. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by Regents of the University of Michigan. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by Regents of the University of Minnesota. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by The Trustees of Princeton University. (Pillay, Shoba) (Entered: 05/06/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Ishan K. Bhabha Filing fee: $ 125, receipt number AMADC-10992285 by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania.(Pillay, Shoba) (Entered: 05/06/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Lindsay Harrison Filing fee: $ 125, receipt number AMADC-10992317 by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania.(Pillay, Shoba) (Entered: 05/06/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Lauren J. Hartz Filing fee: $ 125, receipt number AMADC-10992326 by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania.(Pillay, Shoba) (Entered: 05/06/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth Henthorne Filing fee: $ 125, receipt number AMADC-10992336 by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania.(Pillay, Shoba) (Entered: 05/06/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Anjali Motgi Filing fee: $ 125, receipt number AMADC-10992356 by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania.(Pillay, Shoba) (Entered: 05/06/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Zachary C. Schauf Filing fee: $ 125, receipt number AMADC-10992371 by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania.(Pillay, Shoba) (Entered: 05/06/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Paul D. Clement Filing fee: $ 125, receipt number AMADC-10992713 by American Council on Education, Association of American Universities, Association of Public and Land-grant Universities.(Pillay, Shoba) (Entered: 05/06/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of James Y. Xi Filing fee: $ 125, receipt number AMADC-10992727 by American Council on Education, Association of American Universities, Association of Public and Land-grant Universities.(Pillay, Shoba) (Entered: 05/06/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Kyle R. Eiswald Filing fee: $ 125, receipt number AMADC-10992745 by American Council on Education, Association of American Universities, Association of Public and Land-grant Universities.(Pillay, Shoba) (Entered: 05/06/2025)

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 Jessica D. Hedges. (JKK) (Entered: 05/06/2025)

Summons Issued as to National Science Foundation, Brian Stone. 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. (MBM) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by Association of American Universities. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by American Council on Education. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by Association of Public and Land-grant Universities. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by AZ Board of Regents on Behalf of Arizona State University. (Pillay, Shoba) (Entered: 05/06/2025)

CORPORATE DISCLOSURE STATEMENT by Brown University. (Pillay, Shoba) (Entered: 05/06/2025)

Notice of Case Assignment

Judge Indira Talwani: ELECTRONIC ORDER entered granting 20, 21, 22, 23, 24, 25, 26, 27, and 28, Motions for Leave to Appear Pro Hac Vice of Ishan K. Bhabha, Lindsay Harrison, Lauren J. Hartz, Elizabeth Henthorne, Anjali Motgi, Zachary C. Schauf, Paul D. Clement, James Y. Xi and Kyle R. Eiswald . Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by each newly admitted attorney. (CAM) (Entered: 05/07/2025)

NOTICE of Appearance by Paul D Clement on behalf of American Council on Education, Association of American Universities, Association of Public and Land-grant Universities (Clement, Paul) (Entered: 05/07/2025)

NOTICE of Appearance by James Xi on behalf of American Council on Education, Association of American Universities, Association of Public and Land-grant Universities (Xi, James) (Entered: 05/07/2025)

NOTICE of Appearance by Kyle Raymond Eiswald on behalf of American Council on Education, Association of American Universities, Association of Public and Land-grant Universities (Eiswald, Kyle) (Entered: 05/07/2025)

Order AND ~Util - Terminate Motions

NOTICE of Appearance by Lindsay C. Harrison on behalf of AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania (Harrison, Lindsay) (Entered: 05/08/2025)

NOTICE of Appearance by Lauren J. Hartz on behalf of AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania (Hartz, Lauren) (Entered: 05/08/2025)

NOTICE of Appearance by Elizabeth Lynn Henthorne on behalf of AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania (Henthorne, Elizabeth) (Entered: 05/08/2025)

NOTICE of Appearance by Zachary C. Schauf on behalf of AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania (Schauf, Zachary) (Entered: 05/08/2025)

NOTICE of Appearance by Anjali Motgi on behalf of AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania (Motgi, Anjali) (Entered: 05/08/2025)

MOTION to Expedite Briefing Schedule, MOTION for Leave to File Excess Pages ( Responses due by 5/22/2025) by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion to Expedite Briefing Schedule and for Leave to File Memorandum Exceeding Twenty Pages)(Harrison, Lindsay) (Entered: 05/08/2025)

1 Text of Proposed Order Granting Plaintiffs' Motion to Expedite Briefing Sch

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Judge Indira Talwani: ELECTRONIC ORDER granting in part and denying without prejudice in part Plaintiffs' Motion 38 . Plaintiffs' request for leave to file a memorandum of up to 45 pages in support of an anticipated combined Motion for Preliminary Injunction and Summary Judgment is granted. The memorandum shall include a table of contents and a table of authorities which need not be counted towards the page limit. No type should be smaller than 12 point font. Plaintiffs' request for expedited briefing is denied without prejudice. Plaintiffs may refile their request for expedited briefing after conferring with Defendants. Absent further order of the court, Defendants' Opposition to Plaintiffs' request for a preliminary injunction shall be filed within 14 days of the filing and service of Plaintiffs' anticipated Motion, and Defendants Opposition to Plaintiffs' request for Summary Judgment shall be filed within 21 days of the filing and service of Plaintiffs' anticipated Motion. As Defendants have not yet filed a notice of appearance, a certificate of service by use of CM/ECF does not establish service. See Fed. R. Civ. P. 5. (SEC) (Entered: 05/08/2025)

MOTION for Preliminary Injunction ( Responses due by 5/22/2025), MOTION for Summary Judgment ( Responses due by 5/29/2025) by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania. (Attachments: # 1 Exhibit 1 - Snyder Decl. (AAU), # 2 Exhibit 2 - McDonough Decl. (ACE), # 3 Exhibit 3 - Becker Decl. (APLU), # 4 Exhibit 4 - Morton Decl. (ASU), # 5 Exhibit 5 - Hirth Decl. (Brown), # 6 Exhibit 6 - Bifano Decl. (BU), # 7 Exhibit 7 - Maldonado Decl. (UC), # 8 Exhibit 8 - Tirrell Decl. (Caltech), # 9 Exhibit 9 - Hoebelheinrich Decl. (CMU), # 10 Exhibit 10 - Adams Decl. (UChicago), # 11 Exhibit 11 - Sridhar Decl. (Cleveland State), # 12 Exhibit 12 - Schwartz Decl. (CU Boulder), # 13 Exhibit 13 - Moseley Decl. (Colorado State), # 14 Exhibit 14 - Bala Decl. (Cornell), # 15 Exhibit 15 - Kotz Decl. (Dartmouth), # 16 Exhibit 16 - Norton Decl. (Florida), # 17 Exhibit 17 - Jones Decl. (UIUC), # 18 Exhibit 18 - Reed Decl. (Kansas), # 19 Exhibit 19 - Waitz Decl. (MIT), # 20 Exhibit 20 - Lupia Decl. (Michigan), # 21 Exhibit 21 - Priya Decl. (Minnesota), # 22 Exhibit 22 - Gomez Decl. (UNR), # 23 Exhibit 23 - Chilton Decl. (UNH), # 24 Exhibit 24 - Holloway Decl. (UNM), # 25 Exhibit 25 - Tumer Decl. (Oregon State), # 26 Exhibit 26 - Peloso Decl. (UPENN), # 27 Exhibit 27 - Read Decl. (Penn State), # 28 Exhibit 28 - Rutenbar Decl. (Pitt), # 29 Exhibit 29 - Jenkins Decl. (URI), # 30 Exhibit 30 - Dittmar Decl. (Rice), # 31 Exhibit 31 - Zwick Decl. (Rutgers), # 32 Exhibit 32 - Friedman Decl. (SUNY - Research Foundation), # 33 Exhibit 33 - Gardner Decl. (Stony Brook), # 34 Exhibit 34 - Schroeder Decl. (UToledo), # 35 Exhibit 35 - Arulanandam Decl. (Tufts), # 36 Exhibit 36 - Rothwell Decl. (Utah), # 37 Exhibit 37 - Raver Decl. (Vanderbilt), # 38 Exhibit 38 - Dombrowski Decl. (Vermont), # 39 Exhibit 39 - Ostendorf Decl. (Washington), # 40 Exhibit 40 - Grejner-Brzezinska Decl. (UW-Madison), # 41 Exhibit 41 - Crair Decl. (Yale), # 42 Exhibit 42 - NSF's Indirect Cost Rate Policies, # 43 Text of Proposed Order Granting Plaintiffs' Motion for a Preliminary Injunction, # 44 Text of Proposed Order Granting Plaintiffs' Motion for Summary Judgment)(Clement, Paul) (Entered: 05/08/2025)

1 Exhibit 1 - Snyder Decl. (AAU)

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2 Exhibit 2 - McDonough Decl. (ACE)

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3 Exhibit 3 - Becker Decl. (APLU)

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4 Exhibit 4 - Morton Decl. (ASU)

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5 Exhibit 5 - Hirth Decl. (Brown)

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6 Exhibit 6 - Bifano Decl. (BU)

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7 Exhibit 7 - Maldonado Decl. (UC)

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8 Exhibit 8 - Tirrell Decl. (Caltech)

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9 Exhibit 9 - Hoebelheinrich Decl. (CMU)

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10 Exhibit 10 - Adams Decl. (UChicago)

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11 Exhibit 11 - Sridhar Decl. (Cleveland State)

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12 Exhibit 12 - Schwartz Decl. (CU Boulder)

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13 Exhibit 13 - Moseley Decl. (Colorado State)

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14 Exhibit 14 - Bala Decl. (Cornell)

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15 Exhibit 15 - Kotz Decl. (Dartmouth)

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16 Exhibit 16 - Norton Decl. (Florida)

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17 Exhibit 17 - Jones Decl. (UIUC)

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18 Exhibit 18 - Reed Decl. (Kansas)

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19 Exhibit 19 - Waitz Decl. (MIT)

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20 Exhibit 20 - Lupia Decl. (Michigan)

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21 Exhibit 21 - Priya Decl. (Minnesota)

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22 Exhibit 22 - Gomez Decl. (UNR)

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23 Exhibit 23 - Chilton Decl. (UNH)

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24 Exhibit 24 - Holloway Decl. (UNM)

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25 Exhibit 25 - Tumer Decl. (Oregon State)

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26 Exhibit 26 - Peloso Decl. (UPENN)

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27 Exhibit 27 - Read Decl. (Penn State)

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28 Exhibit 28 - Rutenbar Decl. (Pitt)

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29 Exhibit 29 - Jenkins Decl. (URI)

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30 Exhibit 30 - Dittmar Decl. (Rice)

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31 Exhibit 31 - Zwick Decl. (Rutgers)

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32 Exhibit 32 - Friedman Decl. (SUNY - Research Foundation)

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33 Exhibit 33 - Gardner Decl. (Stony Brook)

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34 Exhibit 34 - Schroeder Decl. (UToledo)

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35 Exhibit 35 - Arulanandam Decl. (Tufts)

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36 Exhibit 36 - Rothwell Decl. (Utah)

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37 Exhibit 37 - Raver Decl. (Vanderbilt)

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38 Exhibit 38 - Dombrowski Decl. (Vermont)

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39 Exhibit 39 - Ostendorf Decl. (Washington)

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40 Exhibit 40 - Grejner-Brzezinska Decl. (UW-Madison)

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41 Exhibit 41 - Crair Decl. (Yale)

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42 Exhibit 42 - NSF's Indirect Cost Rate Policies

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43 Text of Proposed Order Granting Plaintiffs' Motion for a Preliminary Injunc

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44 Text of Proposed Order Granting Plaintiffs' Motion for Summary Judgment

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MEMORANDUM in Support re 40 MOTION for Preliminary Injunction MOTION for Summary Judgment filed by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania. (Clement, Paul) (Entered: 05/08/2025)

NOTICE of Appearance by Ishan Bhabha on behalf of AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania (Bhabha, Ishan) (Entered: 05/08/2025)

Order on Motion for Leave to File Excess Pages AND Order on Motion to Expedite

Judge Indira Talwani: ELECTRONIC ORDER directing Plaintiffs to file the "concise statement of the material facts of record as to which the moving party contends there is no genuine issue to be tried," see Local Rule 56.1, as a separate Statement of Undisputed Material Facts. Each undisputed material fact should be set forth in a numbered paragraph, with page references to affidavits, depositions, and other documentation offered in support of that fact.(SEC) (Entered: 05/09/2025)

Judge Indira Talwani: ELECTRONIC ORDER requesting courtesy copies of Plaintiffs' Motion for a Preliminary Injunction and for Summary Judgment 40 and papers filed in support of that motion. See this session's Standing Order Regarding Motion Practice ("Within three business days after docketing a motion-related filing that exceeds twenty pages, counsel shall provide to the District Court Clerk's Office one courtesy copy that includes CM/ECF headers on all pages. The courtesy copy shall be three-hole punched and include exhibit tabs. Courtesy copies must be stamped or otherwise prominently marked as follows: 'COURTESY COPY DO NOT SCAN, Original Filed Electronically.'").(SEC) (Entered: 05/09/2025)

NOTICE of Appearance by Marcus S Sacks on behalf of National Science Foundation, Brian Stone (Sacks, Marcus) (Entered: 05/09/2025)

Order

MOTION to Expedite Preliminary Injunction Briefing Schedule (renewed), MOTION for Relief from the Court's Electronic Order of May 9, 2025 ( Responses due by 5/28/2025) by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania. (Attachments: # 1 Proposed Order)(Harrison, Lindsay) (Entered: 05/14/2025)

Opposition re 46 MOTION to Expedite Preliminary Injunction Briefing Schedule (renewed) MOTION for Relief from the Court's Electronic Order of May 9, 2025 filed by National Science Foundation, Brian Stone. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sacks, Marcus) (Entered: 05/14/2025)

Judge Indira Talwani: ELECTRONIC ORDER granting in part and denying in part Plaintiffs' Renewed Motion to Expedite Preliminary Injunction Briefing Schedule and for Relief from the Court's Electronic Order of May 9, 2025 46 .Preliminary Injunction Briefing and Hearing: Defendants shall file their Opposition to Plaintiffs' request for a Preliminary Injunction no later than May 19, 2025, at 12:00 noon. Plaintiffs shall file any Reply to the government's Opposition no later than May 21, 2025, at 12:00 noon. The Clerk will set a hearing on Plaintiffs' request for a Preliminary Injunction for the afternoon of May 23, 2025.Summary Judgment Briefing and Hearing: The Order 43 directing the filing of a Local Rule 56.1 Statement is vacated. Defendants shall file their combined Opposition to Plaintiffs' request for Summary Judgment and Cross-Motion for Summary Judgment no later than May 27, 2025. Plaintiffs shall file their combined Reply in Support of their request for Summary Judgment and Opposition to Defendants' Cross-Motion for Summary Judgment no later than June 3, 2025. Defendants shall file any Reply in support of their Cross-Motion for Summary Judgment no later than June 10, 2025. The Clerk will set a hearing on the Cross-Motions for Summary Judgment for the afternoon of June 13, 2025.In the event that Defendants agree to stay implementation of the NSF Policy Notice: Implementation of Standard 15% Indirect Cost Rate, NSF 25-034, through the date of the hearing on Plaintiffs' request for Summary Judgment, the court will cancel the separate preliminary injunction briefing and hearing schedule and proceed on the Summary Judgment schedule.(Talwani, Indira) (Entered: 05/14/2025)

Order on Motion to Expedite

ELECTRONIC NOTICE Setting Hearing on Motion 40 MOTION for Preliminary Injunction: MOTION for Summary Judgment Motion Hearing set for 5/23/2025 02:30 PM in Courtroom 9 (In person only) before Judge Indira Talwani. (GAM) (Entered: 05/15/2025)

Notice Setting or Resetting Hearing on Motion

NOTICE by National Science Foundation, Brian Stone re 48 Order on Motion to Expedite,,,,,,, (Sacks, Marcus) (Entered: 05/16/2025)

Response by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania to 50 Notice (Other) . (Harrison, Lindsay) (Entered: 05/19/2025)

Judge Indira Talwani: ELECTRONIC ORDER: Where Defendants have given notice that they will stay implementation of the NSF Policy Notice: Implementation of Standard 15% Indirect Cost Rate, NSF 25-034, through the June 13, 2025 hearing on the cross-motions for summary judgment, see 50, and where Plaintiffs agree to proceed with the court's alternate schedule with the understanding that they reserve the right to challenge any future attempts to apply retroactively a 15% maximum indirect cost rate or any other aspect of the NSF Policy Notice, see 51, the May 19 and May 21 briefing deadlines are vacated and the hearing set for May 23, 2025, on Plaintiffs' request for a Preliminary Injunction is cancelled. In addition to providing notice of the stay in the issuance of any new grant awards as described in Defendants' Notice 50, Defendants shall (1) provide written notice of the stay by May 21, 2025, to all institutions that have pending funding applications that may be affected by the Policy Notice, and (2) promptly notify the court once they have done so. Where Plaintiffs have requested that the court enter a Preliminary Injunction at the hearing on June 13, 2025, if Defendants do not agree to extend the stay until the court issues a decision on Plaintiffs' pending motion, see 51, Defendants shall include in their opposition brief their position on Plaintiffs' request for an extension of the stay or Preliminary Injunction. (SEC) (Entered: 05/19/2025)

ELECTRONIC NOTICE Canceling Hearing. Motion Hearing set for 5/23/2025 is hereby cancelled in light of Dckt. No. 52. (SEC) (Entered: 05/19/2025)

1 - Terminate Deadlines AND 1 - Terminate Hearings AND Order

Notice Cancelling Hearing

ELECTRONIC NOTICE of Hearing. Hearing on Cross Motions set for 6/13/2025 02:45 PM in Courtroom 9 (In person only) before Judge Indira Talwani. (GAM) (Entered: 05/20/2025)

Notice of Hearing

NOTICE by National Science Foundation, Brian Stone re 52 Terminate Hearings,,,,,,, Terminate Deadlines,,,,,,, Order,,,,,, in Response to the Court's May 19, 2025 Order (Attachments: # 1 Exhibit 1 - Declaration of Quadira Dantro)(Sacks, Marcus) (Entered: 05/21/2025)

1 Exhibit 1 - Declaration of Quadira Dantro

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NOTICE of Appearance by Bethany Theriot on behalf of National Science Foundation, Brian Stone (Theriot, Bethany) (Entered: 05/23/2025)

NOTICE of Appearance by I-Heng Hsu on behalf of National Science Foundation, Brian Stone (Hsu, I-Heng) (Entered: 05/23/2025)

MOTION for Leave to File Excess Pages Opposing Summary Judgment and Supporting Cross Motion for Summary Judgment by National Science Foundation, Brian Stone. (Attachments: # 1 Text of Proposed Order)(Theriot, Bethany) (Entered: 05/23/2025)

1 Text of Proposed Order

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Judge Indira Talwani: ELECTRONIC ORDER granting Defendants' Motion for Leave to File Overlength Memorandum 58 . Defendants may file a memorandum of not more than 45 pages in opposition to Plaintiffs' Motion for Preliminary Injunction and Expedited Summary Judgment 40 and in support of Defendants' Cross-motion for Summary Judgment. The memorandum shall include a table of contents and a table of authorities which need not be counted towards the page limit. No type should be smaller than 12 point font. (SEC) (Entered: 05/23/2025)

Order on Motion for Leave to File Excess Pages

MOTION for Summary Judgment by National Science Foundation, Brian Stone.(Theriot, Bethany) (Entered: 05/27/2025)

AFFIDAVIT in Support re 60 MOTION for Summary Judgment and in Opposition re 40 Motion for a Preliminary Injunction and for Summary Judgment filed by National Science Foundation, Brian Stone. (Attachments: # 1 Exhibit 1 - NSF Policy)(Theriot, Bethany) (Entered: 05/27/2025)

1 Exhibit 1 - NSF Policy

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MEMORANDUM in Support re 60 MOTION for Summary Judgment and in Opposition re 40 Motion for a Preliminary Injunction and for Summary Judgment filed by National Science Foundation, Brian Stone. (Theriot, Bethany) (Entered: 05/27/2025)

MEMORANDUM in Opposition re 60 MOTION for Summary Judgment and Reply to Response to 40 Motion for a Preliminary Injunction and Expedited Summary Judgment filed by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania. (Clement, Paul) (Entered: 06/03/2025)

Notice of Errata by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, University of Chicago, University of Pennsylvania . (Harrison, Lindsay) (Entered: 06/04/2025)

NOTICE of Appearance by Brian Lea on behalf of National Science Foundation, Brian Stone (Lea, Brian) (Entered: 06/05/2025)

Assented to MOTION for Audio Access to June 13 Hearing by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, Trustees of the University of Pennsylvania, University of Chicago.(Harrison, Lindsay) (Entered: 06/09/2025)

CORPORATE DISCLOSURE STATEMENT by Trustees of the University of Pennsylvania. (Harrison, Lindsay) (Entered: 06/09/2025)

NOTICE by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, Trustees of the University of Pennsylvania, University of Chicago /Notice Regarding Implementation of Stay (Harrison, Lindsay) (Entered: 06/10/2025)

NOTICE by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, Trustees of the University of Pennsylvania, University of Chicago /Notice Regarding Implementation of Stay (Harrison, Lindsay) (Entered: 06/10/2025)

REPLY to Response to 60 MOTION for Summary Judgment filed by National Science Foundation, Brian Stone. (Theriot, Bethany) (Entered: 06/10/2025)

REPLY to Response to 60 MOTION for Summary Judgment filed by National Science Foundation, Brian Stone. (Theriot, Bethany) (Entered: 06/10/2025)

Judge Indira Talwani: ELECTRONIC ORDER denying Plaintiffs' Motion for Audio Access to June 13 Hearing 66 . (SEC) (Entered: 06/13/2025)

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Hearing on cross motions held on 6/13/2025. Case called. Court heard argument from counsel. Motions taken under advisement. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Elizabeth Lynn Henthorne, Shoba Pillay, Zachary C. Schauf, Hillary Ledwell (must file an appearance), Brian Lea) (GAM) (Entered: 06/17/2025)

Order on Motion for Miscellaneous Relief

Judge Indira Talwani: ELECTRONIC ORDER: Where Defendants have agreed to continue to stay implementation of the NSF Policy Notice: Implementation of Standard 15% Indirect Cost Rate, NSF 25-034, through June 20, 2025, see Mem. ISO Defs.' Mot. 42 n.30 62, Defendants shall (1) provide written notice by June 18, 2025, of the continued stay to all institutions that have pending funding applications that may be affected by the Policy Notice, and (2) promptly notify the court once they have done so.(SEC) (Entered: 06/17/2025)

Order

Hearing - Other

NOTICE by National Science Foundation, Brian Stone re 71 Order,, in Response to the Court's June 17, 2025 Order (Attachments: # 1 Exhibit 1 - Declaration of Jason Bossie)(Hsu, I-Heng) (Entered: 06/18/2025)

1 Exhibit 1 - Declaration of Jason Bossie

View on RECAP

NOTICE by National Science Foundation, Brian Stone in Response to the Court's Inquiry at the June 13, 2025 Hearing (Hsu, I-Heng) (Entered: 06/18/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Hilary R. Ledwell Filing fee: $ 125, receipt number AMADC-11076637 by AZ Board of Regents on Behalf of Arizona State University, American Council on Education, Association of American Universities, Association of Public and Land-grant Universities, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Carnegie Mellon University, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Regents of the University of Minnesota, The Regents of the University of California, The Trustees of Princeton University, Trustees of the University of Pennsylvania, University of Chicago.(Pillay, Shoba) (Entered: 06/18/2025)

Judge Indira Talwani: ELECTRONIC ORDER entered granting 75 Motion for Leave to Appear Pro Hac Vice Added Hilary R. Ledwell. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (SP) (Entered: 06/20/2025)

Judge Indira Talwani: ELECTRONIC ORDER entered granting 75 Motion for Leave to Appear Pro Hac Vice Added Hilary R. Ledwell. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (SP) (Entered: 06/20/2025)

Judge Indira Talwani: ORDER entered. Plaintiffs' Motion for a Preliminary Injunction and for Summary Judgment [Doc. No. 40] is granted in part and denied in part: Plaintiffs' request for Summary Judgment is GRANTED, and t heir request for a Preliminary Injunction is DENIED as moot. Defendants' Motion for Summary Judgment [Doc. No. 60] is DENIED.The 15% Indirect Cost Rate and the Policy Notice: Implementation of Standard 15% Indirect Cost Rate, NSF 25-03 4 are vacated and declared invalid, arbitrary and capricious, and contrary to law. The court further orders that within 72 hours of entry of this Order, Defendants provide written notice of the Order to all funding recipients affected by the 15% Indirect Cost Rate and that, further, Defendants notify the court that they have done so promptly thereafter. See attached Memorandum and Order.(Talwani, Indira)

Judge Indira Talwani: ORDER entered. Plaintiffs' Motion for a Preliminary Injunction and for Summary Judgment [Doc. No. 40] is granted in part and denied in part: Plaintiffs' request for Summary Judgment is GRANTED, and t heir request for a Preliminary Injunction is DENIED as moot. Defendants' Motion for Summary Judgment [Doc. No. 60] is DENIED.The 15% Indirect Cost Rate and the Policy Notice: Implementation of Standard 15% Indirect Cost Rate, NSF 25-03 4 are vacated and declared invalid, arbitrary and capricious, and contrary to law. The court further orders that within 72 hours of entry of this Order, Defendants provide written notice of the Order to all funding recipients affected by the 15% Indirect Cost Rate and that, further, Defendants notify the court that they have done so promptly thereafter. See attached Memorandum and Order.(Talwani, Indira)

Judge Indira Talwani: FINAL JUDGMENT entered. See attached document.(Talwani, Indira)

Judge Indira Talwani: FINAL JUDGMENT entered. See attached document.(Talwani, Indira)

Transcript of Motion Hearing held on June 13, 2025, before Judge Indira Talwani. 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: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 7/11/2025. Redacted Transcript Deadline set for 7/21/2025. Release of Transcript Restriction set for 9/18/2025. (DRK) (Entered: 06/23/2025)

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: 06/23/2025)

BRIEF OF AMICUS CURIAE filed by Simon P. Altin. (SEC) Modified on 6/24/2025 (SEC). (Entered: 06/23/2025)

Order on Motion for Leave to Appear