Case: Authors Guild v. National Endowment for the Humanities

The Authors Guild v. National Endowment for the Humanities

The Authors Guild v. National Endowment for the Humanities

American Council of Learned Societies v. McDonald

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-31064202)Document filed by Benjamin Holtzman, Elizabeth Kadetsky, Lee Jasperse, William Goldstein, Nicole Jenkins, Valerie Orlando, The Authors Guild, Katalin Balog..(Onayemi, Yinka) (Entered: 05/12/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Justin Fox, re: 1 Complaint,. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valerie Orlando, The Authors Guild..(Onayemi, Yinka) (Entered: 05/12/2025)

CIVIL COVER SHEET filed..(Onayemi, Yinka) (Entered: 05/12/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Authors Guild..(Onayemi, Yinka) (Entered: 05/12/2025)

STATEMENT OF RELATEDNESS re: that this action be filed as related to 25-cv-3657. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valerie Orlando, The Authors Guild..(Onayemi, Yinka) (Entered: 05/12/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to National Endowment for the Humanities, re: 1 Complaint,. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valerie Orlando, The Authors Guild..(Onayemi, Yinka) (Entered: 05/12/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Michael McDonald, re: 1 Complaint,. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valerie Orlando, The Authors Guild..(Onayemi, Yinka) (Entered: 05/12/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to United States DOGE Service, re: 1 Complaint,. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valerie Orlando, The Authors Guild..(Onayemi, Yinka) (Entered: 05/12/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Amy Gleason, re: 1 Complaint,. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valerie Orlando, The Authors Guild..(Onayemi, Yinka) (Entered: 05/12/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Nate Cavanaugh, re: 1 Complaint,. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valerie Orlando, The Authors Guild..(Onayemi, Yinka) (Entered: 05/12/2025)

ELECTRONIC SUMMONS ISSUED as to Amy Gleason..(jgo) (Entered: 05/13/2025)

ELECTRONIC SUMMONS ISSUED as to Justin Fox..(jgo) (Entered: 05/13/2025)

ELECTRONIC SUMMONS ISSUED as to Michael McDonald..(jgo) (Entered: 05/13/2025)

ELECTRONIC SUMMONS ISSUED as to Nate Cavanaugh..(jgo) (Entered: 05/13/2025)

ELECTRONIC SUMMONS ISSUED as to National Endowment for the Humanities..(jgo) (Entered: 05/13/2025)

ELECTRONIC SUMMONS ISSUED as to United States DOGE Service..(jgo) (Entered: 05/13/2025)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)

Case Designated ECF

Case Designated ECF. (jgo)

Case Referred as Possibly Related/Similar

CASE REFERRED TO Judge Colleen McMahon as possibly related to 25-cv-3657. (jgo)

Notice to Attorney Regarding Party Modification

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Yinka Ezekiel Onayemi. The party information for the following party/parties has been modified: The Authors Guild; William Goldstein; Elizabeth Kadetsky; Valerie Orlando; Katalin Balog; Benjamin Holtzman; Lee Jasperse; Nicole Jenkins; 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;. (jgo)

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)

CASE ACCEPTED AS RELATED. Create association to 1:25-cv-03657-UA. Notice of Assignment to follow. (vba)

Notice of Case Assignment/Reassignment

NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (vba)

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. (vba)

CONSOLIDATED MEMBER CASE: Create association to 1:25-cv-03657-CM. (ar)

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)

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)

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)

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)

AMENDED COMPLAINT amending 1 Complaint, against Benjamin Holtzman, Elizabeth Kadetsky, Lee Jasperse, William Goldstein, Nicole Jenkins, Valerie Orlando, The Authors Guild, Katalin Balog.Document filed by Benjamin Holtzman, Elizabeth Kadetsky, Lee Jasperse, William Goldstein, Nicole Jenkins, Valerie Orlando, The Authors Guild, Katalin Balog. Related document: 1 Complaint,..(Crooks, Jamie) (Entered: 05/23/2025)

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)

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)

LETTER addressed to Judge Colleen McMahon from Rachael Doud dated June 4, 2025 re: Joint Letter re Case Management Plan. Document filed by Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service. (Attachments: # 1 Exhibit Plaintiffs' Proposed Case Management Plan)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Doud, Rachael) (Entered: 06/04/2025)

1 Exhibit Plaintiffs' Proposed Case Management Plan

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MEMO ENDORSEMENT on re: 25 Letter, filed by Michael McDonald, Justin Fox, Nate Cavanaugh, National Endowment for the Humanities, United States DOGE Service, Amy Gleason. ENDORSEMENT: This order was sent out in my absence as a standard case management tool. I agree that it should not have been sent until the motions contemplated by my previous scheduling order are decided we will not be entering a case management plan. (Signed by Judge Colleen McMahon on 6/5/2025) (vfr) (Entered: 06/05/2025)

DECLARATION of Michael McDonald . 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: 06/05/2025)

MEMORANDUM OF LAW in Opposition re: (24 in 1:25-cv-03657-CM) MOTION for Preliminary Injunction ., (65 in 1:25-cv-03657-CM) MOTION for Preliminary Injunction . . 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: 06/05/2025)

ORDER granting (82) Letter Motion for Leave to File Document; granting (83) Letter Motion for Leave to File Document in case 1:25-cv-03657-CM. Plaintiffs' requests, (Dkt. Nos. 82 & 83), made with Defendants' consent, are granted. (Signed by Judge Colleen McMahon on 6/6/25) Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (yv) (Entered: 06/06/2025)

REPLY MEMORANDUM OF LAW in Support re: (76 in 1:25-cv-03657-CM) MOTION to Dismiss ., (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, Justin Fox. Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Doud, Rachael) (Entered: 06/20/2025)

REPLY MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss . . Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valerie Orlando, The Authors Guild..(Crooks, Jamie) (Entered: 06/26/2025)

ORDER : The parties have until the close of business on Wednesday, July 2 (July 3 and 4 being court holidays) to provide the court with their views about how the Supreme Court's June 27, 2025 opinion in Trump v. CASA impacts the requests for relief in these cases and the ability of this court to issue relief with respect to any specific discrete aspect of the complaints. I am ordering simultaneous briefing; if I conclude that responsive briefing is required I will ask for it next week, but as of now I discern no reason why simultaneous briefing should not suffice for the court's purposes. There is absolutely no need to reargue anything that has been fully briefed and is not potentially impacted by CASA; for example, the applicability of the Tucker Act to various claims and the court's power to entertain such claims does not need to be re-addressed. 15 pages should suffice, but you may exceed that by a few more if you believe it absolutely necessary. (Signed by Judge Colleen McMahon on 6/27/25) BY ECF TO ALL COUNSEL. Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (yv) (Entered: 06/27/2025)

SUPPLEMENTAL BRIEF REGARDING EFFECT OF TRUMP V. CASA, INC.. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valerie Orlando, The Authors Guild..(Crooks, Jamie) (Entered: 07/02/2025)

SUPPLEMENTAL MEMORANDUM OF LAW addressing the impact of the Supreme Court's decision in Trump v. CASA. 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: 07/02/2025)

ORDER : You have until the close of business of Tuesday, July 8, to show cause why I should not consider evidence on Judge Lin's docket relating to the NEH - notably, the June 17, 2025 Declaration of Michael McDonald, Thakur v. Trump, No. 25-CV-04737-RFL (N.D. Cal. June 19, 2025), ECF No. 48-3 - as part of the record on the motions pending before me. (Signed by Judge Colleen McMahon on 7/7/25) BY ECF TO ALL COUNSEL. Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (yv) (Entered: 07/07/2025)

RESPONSE TO ORDER TO SHOW CAUSE re: (109 in 1:25-cv-03657-CM, 35 in 1:25-cv-03923-CM) Order to Show Cause,,. 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: 07/08/2025)

ORDER: The Government has until the close of business on Monday, July 14, 2025 to respond, if it wishes to do so, to (i) the arguments in Authors Guild's July 2, 2025 Supplemental Brief about why a class should be preliminarily certified and (ii) the information in ACLS's July 7, 2025 submission. (Signed by Judge Colleen McMahon on 7/9/2025) Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (sgz) (Entered: 07/09/2025)

SUPPLEMENTAL MEMORANDUM OF LAW addressing (i) the Authors Guild Plaintiffs' arguments regarding preliminary class certification and (ii) the ACLS Plaintiffs' July 7, 2025 submission. 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: 07/14/2025)

ORDER: The Court has received and reviewed the declaration of Defendant Michael McDonald that was filed in Judge Lin's case. I wrongly assumed that the lists and spreadsheets of grants referenced therein, (see, e.g., McDonald Declaration 119, 10, 13, 14, 15, 16, 17), were attached as exhibits to that Declaration. Please provide them to the Court by close of business on Friday, July 18. SO ORDERED. (Signed by Judge Colleen McMahon on 7/16/2025) Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (ar) (Entered: 07/16/2025)

DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS granting (65) Motion for Preliminary Injunction; granting in part and denying in part (76) Motion to Dismiss; denying (24) Motion for Preliminary Injunction in case 1:25-cv-03657-CM; granting in part and denying in part (23) Motion to Dismiss in case 1:25-cv-03923-CM Authors Guilds Motion for a Preliminary Injunction is GRANTED to the extent described above, ACLSs Motion for a Preliminary Injunction is DENIED, and the Governments Motion to Dismiss is GRANTED to the extent of dismissing ACLS Counts I, II, III, IV, V, and VI, and Authors Guild Counts II (as it relates to the lmpoundment Control Act), III, and IV, and is otherwise DENIED. This constitutes the decision and order of the court. It is a written decision. The Clerk should remove the motions in Case No. 25-cv-03657 located at Docket Numbers 24, 65, and 76 and the motion in Case No. 25-cv-03923 located at Docket Number 23 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 7/25/25) Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (Landers, Rigoberto) Modified on 7/28/2025 (tro). (Entered: 07/25/2025)

LETTER addressed to Judge Colleen McMahon from Mary Ellen Brennan dated July 30, 2025 re: objecting to the proposed order filed by the Plaintiffs (ECF No. 117) and submitting a revised proposed order. Document filed by Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service. (Attachments: # 1 Exhibit Exhibit A - Proposed Revised PI Order, # 2 Exhibit Exhibit B - Redline)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Brennan, Mary) (Entered: 07/30/2025)

1 Exhibit Exhibit A - Proposed Revised PI Order

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2 Exhibit Exhibit B - Redline

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LETTER addressed to Judge Colleen McMahon from Jamie Crooks dated July 31, 2025 re: Defendants' July 30, 2025 letter regarding the parties' proposed orders. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valarie Orlando, The Authors Guild, Valerie Orlando. (Attachments: # 1 Exhibit Exhibit)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Crooks, Jamie) (Entered: 07/31/2025)

1 Exhibit Exhibit

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ORDER GRANTING PRELIMINARY INJUNCTION: For the reasons stated in the Court's memorandum opinion (Dkt. No. 40 in 25-cv- 03923; Dkt. No. 116 in 25-cv-03657), it is ORDERED that the Motion for Preliminary Injunction filed by Plaintiffs The Author s Guild, William Goldstein, Elizabeth Kadetsky, Valerie Orlando, Katalin Balog, Benjamin Holtzman. Lee Jasperse, and Nicole Jenkins, on behalf of themselves and all others similarly situated (Dkt. No. 65 in 25-cv-03657) is GRANTED, to the followin g extent: 1. The Individual Grantee Class, as pleaded, consists of all individual NEH grant recipients whose grants were terminated as part of the April 1-3, 2025 Mass Termination described in the Court's memorandum opinion (the "Mass Ter mination"). The Subrecipient Class, as pleaded, consists of all NEH grant subrecipients whose sponsors' grants were terminated as part of the Mass Termination. Together, the members of the Individual Grantee Class and the Subrecipient Cl ass are referred to herein as 'Class Members,' and the grants to Class Members that were terminated in the Mass Termination are referred to herein as the "Grants." 2. The effectiveness of the termination of The Grants to Class M embers is stayed pendente lite; 3. To give effect to this order, Defendants are preliminarily enjoined from re-obligating the funds that would have been payable under the Grants; 4. This preliminary injunction extends only to Class Members and to t he Grants. Nothing in this Order imposes any obligations on Defendants with respect to any person who is not a Class Member, or with respect to any NEH grant that was not terminated as part of the Mass Termination: 5. Nothing in this Order preclud es Defendants from taking any action consistent with the terms of the grants awarded to Class Members, including disbursing funds to Class Members; however, nothing in this order obligates Defendants to pay out any funds associated with The Grants during the pendency of this lawsuit. SO ORDERED. (Signed by Judge Colleen McMahon on 8/1/2025) (ar)

Extension of Time to File Answer