Case: Authors Guild v. National Endowment for the Humanities

1:25-cv-03923 | U.S. District Court for the Southern District of New York

Filed Date: May 12, 2025

Case Ongoing

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Case Summary

This case challenged the Trump Administration's April 2025 termination of over 1,400 grants funded by the National Endowment for the Humanities (NEH). Each scholar plaintiff had received an NEH grant to fund their humanities project, only to have it terminated without notice by the Trump Administration. The grants, due to be disbursed in May 2025, had been awarded in 2024 under the Biden Administration. NEH grants are highly competitive and prestigious; several past recipients have won a Pulitzer or Bancroft Prize for their NEH-funded work. Plaintiffs alleged that the termination of their NEH grants violated the Administrative Procedure Act (APA), the Impoundment Control Act, the Appropriations Act, the separation of powers, and the First Amendment.

Plaintiffs believed the Trump Administration defunded their projects because they did not align with the cultural and political ideology of the Administration. Plaintiffs' research projects included books on openly gay AIDS activist Larry Kramer, anti-white supremacist movements in the Jim Crow South, and 20th-century smuggling of foreign antiquities into American museums. Plaintiffs also contended their grants were terminated to free up funding for a proposed "National Garden of American Heroes." NEH money has never previously been used to fund a work of public visual art.

Represented by private counsel, the Authors Guild and several scholars whose grants were terminated filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The lawsuit named the National Endowment for the Humanities and its Acting Chairman, the so-called U.S. Department of Government Efficiency (DOGE), and several DOGE officials as defendants. Plaintiffs sought a declaration that defendants' mass termination of the NEH grants was unlawful, an injunction preventing defendants from giving effect to the mass terminations, certification of a proposed class including all scholars whose NEH grants were terminated, and attorneys' fees. The case was assigned to District Judge Colleen McMahon.

On May 14, 2025, the court consolidated this action with American Learned Societies v. McDonald (1:25-cv-03657), another case contesting Trump Administration grant terminations. Nine days later, plaintiffs filed an amended complaint alleging that DOGE employees lacked the statutory authority to modify or cancel NEH grants.

On July 25, 2025, the court granted in part and denied in part plaintiffs' motion for a preliminary injunction. 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 granted preliminary relief because of its finding that plaintiffs were likely to succeed in proving that the grant terminations violated the First Amendment and the APA. The court refrained from directly ordering NEH to pay out the grants, an order it believed had to come from the Court of Federal Claims. On August 1, 2025, the court issued a separate order granting the preliminary injunction consistent with its order in the July 25 Decision.

On December 18, 2025, the court granted plaintiffs' motions to compel discovery and ordered that the defendants produce a swath of internal DOGE data. 2025 WL 3678097. The court determined that the administrative record produced by the government was incomplete and failed to reflect the "whole record" of the decision-making process as required by the APA. In an explanatory memorandum, the court found that the government’s production of only 23 documents originating from the NEH indicated a failure to conduct a comprehensive discovery search, given that the mass termination at issue affected approximately 1,400 grants. The court additionally found that the grant terminations were not made by NEH in isolation. Evidence, including sworn statements from the Acting Chairman, showed that personnel from DOGE played an integral role in identifying grants for cancellation and shaping the termination process. Consequently, the court ruled that materials generated or relied upon by DOGE, the Office of Management and Budget (OMB), and the General Services Administration (GSA) were necessarily part of the administrative record. The court pointed to specific gaps in the record, which defendants were required to disclose, such as a "shared, collaboratively editable spreadsheet" that served as the central tool for the inter-agency review and various email attachments that formed the actual basis for final grant termination approvals. The court ultimately found that such documents were necessary for adequate judicial review of the terminations and, in particular, for evaluating plaintiffs' First Amendment claims. 2025 WL 3678097.

On December 22, 2025, the court overruled the government's objections to discovery requests seeking material from the U.S. DOGE Service, the General Services Administration, or any other Executive Branch agency that had input into the challenged termination decisions. The court also overruled the government’s objections to the production of NEH officials and DOGE staffers for deposition. The court additionally noted that it would not entertain requests for extensions of time for the production of discovery or witnesses.

After several other discovery disputes, the court ruled on competing discovery motions on February 5, 2026. The Government had produced approximately 3,700 documents in January 2026 but withheld 96 disputed documents on privilege grounds; the court granted plaintiffs' motion to compel and overruled all grounds for withholding. The court found that communications among non-attorney officials lacked attorney-client privilege protection because they reflected inter-agency coordination rather than legal strategy, and that U.S. DOGE Service attorneys lacked statutory authority to represent other agencies. The court ordered the Government to produce all disputed documents by February 10 and established a summary judgment briefing schedule extending through April 10. 2026 WL 309491.

Defendants then filed a motion seeking to maintain confidentiality designations for certain discovery materials, particularly two employee rosters and a text message exchange from the NEH Assistant Chair's personal device. The court denied this motion on February 13, after applying the Lugosch test, finding that the materials constituted "judicial documents" subject to a presumption of public access, rejecting defendants' arguments for confidentiality protection. 2026 WL 412620.

On February 27, the court denied defendants’ motion for reconsideration of the February 5 order granting plaintiffs’ motion to compel, holding that defendants did not meet their burden of showing a change in controlling law, availability of new evidence, a clear error, or manifest injustice. 2026 WL 550220.

After both parties submitted motions for summary judgment, the court granted summary judgment to plaintiffs and certified their proposed class on May 7. After determining that it had jurisdiction over the case, the court held that the grant terminations violated the First Amendment by discriminating against grantees with pro-DEI viewpoints and perceived connections to the Biden administration. The court further held that the terminations violated the equal protection clause of the Fifth Amendment by using explicit classifications based on race, sex, religion, gender orientation, ethnicity, and national origin that were not rationally related to a legitimate government interest. The terminations were also ultra vires because DOGE lacked congressional authority to revoke the grants. The court issued a permanent injunction barring defendants from enforcing the grant terminations, ordering them to rescind the cancellations, and prohibiting the reallocation of those funds.

On May 29, plaintiffs moved for a preliminary injunction ordering defendants to reserve 15% of the grant disbursements pending plaintiffs’ motion for attorneys’ fees.

On July 6, 2026, defendants appealed the court’s May 7 summary judgment order to the United States Court of Appeals for the Second Circuit (26-1829).

On August 5, 2026, the court granted plaintiffs’ preliminary injunction motion in part, noting that it was not making a final ruling on whether plaintiffs’ counsel was entitled to a fee award, nor the amount of any such award, until defendants exhausted their appeals. The court's limited inquiry focused on whether a portion of the funds should be preserved pending a later motion for fees. The court held that plaintiffs were likely to succeed on the merits because attorneys who recover a common fund for people other than their clients are typically entitled to reasonable attorneys' fees. Plaintiffs also met the irreparable harm requirement because, without the injunction, they would lose the means of enforcing a common-fund award after all the funds had been distributed to the class. The court further held that the balance of equities and the public interest favored an interim preservation of funds, but only in the amount of 2.5 percent because 1) the reserve should not be larger than necessary to cover a realistic potential award, 2) every dollar withheld would be unavailable for the humanities work NEH approved, and 3) plaintiffs' counsel might recover directly from defendants.

This case is ongoing.

Summary Authors

Vedant Vamshidhar (6/26/2026)

Scott Shuchart (5/14/2025)

Matt Petrillo (7/31/2025)

Sofia Yoder (2/5/2026)

Maddy Ligon (2/27/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70243086/parties/the-authors-guild-v-national-endowment-for-the-humanities/

Judge(s)

Attorney for Plaintiff

-, John Robinson,

-, Daniel F.

-, Michael D.

-, Jamie Crooks,

Attorney for Defendant

-, Derek Weiss,

Judge(s)

McMahon, Colleen (New York)

Attorney for Plaintiff

Crooks, Jamie (New York)

Onayemi, Yinka Ezekiel (New York)

Attorney for Defendant

-, Derek Weiss,

Attorney, Benjamin H.

Attorney, Daniel Bentele

Brennan, Mary Ellen (New York)

Singh, Jonaki (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-03923	Class Action Complaint The Authors Guild v. National Endowment for the Humanities	May 12, 2025	May 12, 2025 Complaint
22 1:25-cv-03923	Amended Class Action Complaint The Authors Guild v. National Endowment for the Humanities	May 23, 2025	May 23, 2025 Complaint
40 1:25-cv-03923	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 American Council of Learned Societies v. McDonald	July 25, 2025	July 25, 2025 Order/Opinion 2025 WL 2097738
59 1:25-cv-03923	Letter from Defendants American Council of Learned Societies v. National Endowment for the Humanities	Oct. 22, 2025	Oct. 22, 2025 Pleading / Motion / Brief
76 1:25-cv-03923	Opinion The Authors Guild v. National Endowment for the Humanities	Dec. 18, 2025	Dec. 18, 2025 Order/Opinion 2025 WL 3678097
128 1:25-cv-03923	Opinion And Order Denying Defendants’ Motion For Reconsideration Authors Guild et al. v. National Endowment for the Humanities et al.	Feb. 27, 2026	Feb. 27, 2026 Order/Opinion 2026 WL 550220
168 1:25-cv-03923	Opinion And Order Granting Plaintiffs’ Motion For Summary Judgment And Denying Defendants’ Motion For Summary Judgment The Authors Guild et al. v. National Endowment for the Humanities et al.	May 7, 2026	May 7, 2026 Order/Opinion 2026 WL 1256545

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/70243086/the-authors-guild-v-national-endowment-for-the-humanities/

Last updated Aug. 27, 2026, 4:07 a.m.

Docket for: The Authors Guild v. National Endowment for the Humanities

ECF Number	Date	Description	Link
1	May 12, 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-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)	Clearinghouse
2	May 12, 2025	CIVIL COVER SHEET filed..(Onayemi, Yinka) (Entered: 05/12/2025)	RECAP
3	May 12, 2025	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Authors Guild..(Onayemi, Yinka) (Entered: 05/12/2025)	RECAP
4	May 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)	RECAP
5	May 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)	RECAP
6	May 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)	RECAP
7	May 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)	RECAP
8	May 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)	RECAP
9	May 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)	RECAP
10	May 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)	RECAP
11	May 13, 2025	ELECTRONIC SUMMONS ISSUED as to Amy Gleason..(jgo) (Entered: 05/13/2025)	RECAP
12	May 13, 2025	ELECTRONIC SUMMONS ISSUED as to Justin Fox..(jgo) (Entered: 05/13/2025)	RECAP
13	May 13, 2025	ELECTRONIC SUMMONS ISSUED as to Michael McDonald..(jgo) (Entered: 05/13/2025)	RECAP
14	May 13, 2025	ELECTRONIC SUMMONS ISSUED as to Nate Cavanaugh..(jgo) (Entered: 05/13/2025)	RECAP
15	May 13, 2025	ELECTRONIC SUMMONS ISSUED as to National Endowment for the Humanities..(jgo) (Entered: 05/13/2025)	RECAP
16	May 13, 2025	ELECTRONIC SUMMONS ISSUED as to United States DOGE Service..(jgo) (Entered: 05/13/2025)	RECAP
	May 13, 2025	Case Opening Initial Assignment Notice
	May 13, 2025	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
	May 13, 2025	Case Designated ECF
	May 13, 2025	Case Designated ECF. (jgo)
	May 13, 2025	CASE REFERRED TO Judge Colleen McMahon as possibly related to 25-cv-3657. (jgo)
	May 13, 2025	Case Referred as Possibly Related/Similar
	May 13, 2025	Notice to Attorney Regarding Party Modification
	May 13, 2025	***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)
17	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)	RECAP
	May 14, 2025	CASE ACCEPTED AS RELATED. Create association to 1:25-cv-03657-UA. Notice of Assignment to follow. (vba)
	May 14, 2025	Case Accepted as Related
	May 14, 2025	NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (vba)
	May 14, 2025	Notice of Case Assignment/Reassignment
	May 14, 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. (vba)
	May 14, 2025	Case Designation
	May 14, 2025	Case Consolidation - Member
	May 14, 2025	CONSOLIDATED MEMBER CASE: Create association to 1:25-cv-03657-CM. (ar)
18	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)	RECAP
19	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)	RECAP
20	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
21	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)	RECAP
22	May 23, 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)	Clearinghouse
23	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)	RECAP
24	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)	RECAP
25	June 4, 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 View on PACER	RECAP
26	June 5, 2025	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)	RECAP
27	June 5, 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)	RECAP
28	June 5, 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)	RECAP
29	June 6, 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)	RECAP
30	June 20, 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)	RECAP
31	June 26, 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)	RECAP
32	June 27, 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)	RECAP
33	July 2, 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)	RECAP
34	July 2, 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)	RECAP
35	July 7, 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)	RECAP
36	July 8, 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)	RECAP
37	July 9, 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)	RECAP
38	July 14, 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)	RECAP
39	July 16, 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)	RECAP
40	July 25, 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)	Clearinghouse
41	July 30, 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 View on PACER 2 Exhibit Exhibit B - Redline View on PACER	RECAP
42	July 31, 2025	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 View on RECAP	RECAP
43	Aug. 6, 2025	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)	RECAP
44	Aug. 20, 2025	LETTER MOTION for Extension of Time to File Answer and response to Plaintiffs' letters of August 20, 2025 addressed to Judge Colleen McMahon from Mary Ellen Brennan dated August 20, 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: 08/20/2025)	RECAP
45	Aug. 22, 2025	LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Mary Ellen Brennan dated August 22, 2025 re: (126 in 1:25-cv-03657-CM) MOTION to Clarify Order for Preliminary Injunction, or Direct Defendants' to Explain Their Interpretation of the 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: 08/22/2025)	RECAP
46	Aug. 25, 2025	ORDER granting 44 Letter Motion for Extension of Time to Answer re 1 Complaint. OK. The extension to Sept. 9 2025 is granted. I'm setting an initial pretrial conference for September 25 at 10:00 a.m. Please submit your case management plans in advance of that date. Nate Cavanaugh answer due 9/9/2025; Justin Fox answer due 9/9/2025; Amy Gleason answer due 9/9/2025; Michael McDonald answer due 9/9/2025; National Endowment for the Humanities answer due 9/9/2025; United States DOGE Service answer due 9/9/2025. (Signed by Judge Colleen McMahon on 8/25/2025) (vfr) (Entered: 08/25/2025)	RECAP
47	Aug. 25, 2025	MEMO ENDORSEMENT on re: 45 Response to Motion,, filed by Michael McDonald, Justin Fox, Nate Cavanaugh, National Endowment for the Humanities, United States DOGE Service, Amy Gleason. ENDORSEMENT: The Government is Correct. (Signed by Judge Colleen McMahon on 8/25/2025) (vfr) (Entered: 08/25/2025)	RECAP
	Aug. 25, 2025	Set/Reset Hearings
	Aug. 25, 2025	Set/Reset Hearings: Initial Conference set for 9/25/2025 at 10:00 AM before Judge Colleen McMahon. (vfr)
48	Sept. 9, 2025	MEMO ENDORSEMENT on re: (124 in 1:25-cv-03657-CM) LETTER MOTION for Conference addressed to Judge Colleen McMahon from Jamie Crooks dated August 20, 2025. ENDORSEMENT: The government is NOT correct that this is a case in which we are limited to the administrative record. It is primarily (though not exclusively) a first amendment lawsuit, as to which discovery is entirely appropriate. We will discuss exactly what that entails on 9/25 at 10am. (Signed by Judge Colleen McMahon on 9/9/2025) Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (ar) (Entered: 09/09/2025)	RECAP
49	Sept. 9, 2025	ANSWER to Complaint. Document filed by Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service..(Brennan, Mary) (Entered: 09/09/2025)	RECAP
50	Sept. 10, 2025	QUESTIONS FOR COUNSEL : Last night my attention was called to the fact that the plaintiffs in American Council (but not Authors Guild) had filed a notice of interlocutory appeal in their case. (Dkt. # 121) The notice purports to take an appeal from an order (]) denying Plaintiffs' motion for a preliminary injunction, and (2) granting in part and denying in part the Government's motion to dismiss. There are some rather obvious problems with the notice at Dkt. # 121 as further set forth in this Order. If I am missing something, the parties should advise me promptly. Otherwise, my deputy clerk will cancel the September 25, 2025 conference and we will stay all proceedings in Authors Guild pending resolution of the appeal in American Council. (Signed by Judge Colleen McMahon on 9/10/25) BY ECF TO ALL COUNSEL.Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (yv) (Entered: 09/10/2025)	RECAP
51	Sept. 11, 2025	NOTICE of Response to Questions for Counsel. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America. Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Eisenberg, Lynn) (Entered: 09/11/2025)	RECAP
52	Sept. 23, 2025	PROPOSED CASE MANAGEMENT PLAN. Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valarie Orlando, The Authors Guild, Valerie Orlando..(Crooks, Jamie) (Entered: 09/23/2025)	RECAP
53	Sept. 23, 2025	LETTER addressed to Judge Colleen McMahon from Jamie Crooks dated September 23, 2025 re: The Authors Guild v. Natl Endowment for the Humanities, No. 25-cv-3923. 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 Email)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Crooks, Jamie) (Entered: 09/23/2025) 1 Exhibit Email View on RECAP	RECAP
54	Sept. 23, 2025	LETTER addressed to Judge Colleen McMahon from Mary Ellen Brennan dated September 23, 2025 re: the government's position regarding discovery. 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: 09/23/2025)	RECAP
	Sept. 25, 2025	Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 9/25/2025. Decision: Initial conference held. The Government is to file the Administrative Record. Plaintiffs may serve discovery requests, and the Government has fourteen (14) business days to respond or object. Submitted by Arnold Zahn.(Court Reporter Amy Walker). Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM(mde)
	Sept. 25, 2025	Pretrial Conference - Initial
	Sept. 26, 2025	Pretrial Conference - Initial
55	Sept. 29, 2025	NOTICE of Filing of Administrative Record. Document filed by Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service. (Attachments: # 1 Exhibit Index to Administrative Record, # 2 Exhibit Administrative Record, # 3 Exhibit Certification of Administrative Record)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Doud, Rachael) (Entered: 09/29/2025)	RECAP
56	Sept. 30, 2025	LETTER addressed to Judge Colleen McMahon from Jamie Crooks dated September 30, 2025 re: The Authors Guild v. Natl Endowment for the Humanities, No. 25-cv-3923, ECF 140. 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 Ex. 1, Bates no. NEH_AR_000020, # 2 Exhibit Ex. 2, Bates no. NEH_AR_000024, # 3 Exhibit Ex. 3, Bates no. NEH_AR_000087)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Crooks, Jamie) (Entered: 09/30/2025)	RECAP
57	Oct. 1, 2025	MEMO ENDORSEMENT on re: (56 in 1:25-cv-03923-CM, 141 in 1:25-cv-03657-CM) Letter The Authors Guild v. Natl Endowment for the Humanities, No. 25-cv-3923, ECF 140, filed by The Authors Guild, Lee Jasperse, Elizabeth Kadetsky, Valarie Orlando, Nicole Jenkins, Valerie Orlando, William Goldstein, Katalin Balog, Benjamin Holtzman. ENDORSEMENT: We have no secrets here. The government needs to file everything publicly and needs to do so now. (Signed by Judge Colleen McMahon on 9/30/25) Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (yv) (Entered: 10/01/2025)	RECAP
58	Oct. 17, 2025	LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Mary Ellen Brennan dated October 17, 2025 re: (145 in 1:25-cv-03657-CM) LETTER MOTION for Discovery (to lift stay on discovery) addressed to Judge Colleen McMahon from John Robinson dated October 9, 2025. . 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 - Excerpt of Transcript of Initial Pretrial Conference held on Sept. 25, 2025)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Brennan, Mary) (Entered: 10/17/2025)	RECAP
59	Oct. 22, 2025	MEMO ENDORSED ORDER on re: 148 Response to Motion,, filed by Michael McDonald, Justin Fox, Nate Cavanaugh, National Endowment for the Humanities, United States DOGE Service, Amy Gleason denying (145) Letter Motion for Discovery in case 1:25-cv-03657-CM. ENDORSEMENT: I decline to lift the stay imposed by the Chief Judge. (Signed by Judge Colleen McMahon on 10/22/25) Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (yv) (Entered: 10/22/2025)	Clearinghouse
60	Oct. 30, 2025	TRANSCRIPT of Proceedings re: CONFERENCE held on 9/25/2025 before Judge Colleen McMahon. Court Reporter/Transcriber: Amy Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/20/2025. Redacted Transcript Deadline set for 12/1/2025. Release of Transcript Restriction set for 1/28/2026.Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Moya, Goretti) (Entered: 10/30/2025)	RECAP
61	Oct. 30, 2025	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/25/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Moya, Goretti) (Entered: 10/30/2025)	RECAP
62	Nov. 19, 2025	NOTICE of Filing of Spreadsheets in Administrative Record. Document filed by 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. (Attachments: # 1 Exhibit NEH_AR_000004 Part 1, # 2 Exhibit NEH_AR_000004 Part 2, # 3 Exhibit NEH_AR_000009, # 4 Exhibit NEH_AR_000020, # 5 Exhibit NEH_AR_000024, # 6 Exhibit NEH_AR_000087)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Doud, Rachael) (Entered: 11/19/2025)	RECAP
63	Nov. 19, 2025	LETTER addressed to Judge Colleen McMahon from Rachael Doud dated November 19, 2025 re: Spreadsheets in Administrative Record. Document filed by 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.(Doud, Rachael) (Entered: 11/19/2025)	RECAP
64	Dec. 3, 2025	LETTER addressed to Judge Colleen McMahon from Rachael Doud dated December 3, 2025 re: Court's Question in ECF No. 154. Document filed by 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.(Doud, Rachael) (Entered: 12/03/2025)	RECAP
65	Dec. 9, 2025	LETTER MOTION to Compel U.S. DOGE Service, Justin Fox, Nate Cavanaugh, Amy Gleason to Produce Discovery addressed to Judge Colleen McMahon from Daniel F. Jacobson dated 12/9/2025. Document filed by American Council of Learned Societies, American Historical Association, Modern Language Association of America. (Attachments: # 1 Exhibit Email exchange, # 2 Exhibit Email exchange)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Jacobson, Daniel) (Entered: 12/09/2025) 1 Exhibit Email exchange View on RECAP 2 Exhibit Email exchange View on RECAP	RECAP
66	Dec. 9, 2025	MOTION to Compel . Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valarie Orlando, The Authors Guild, Valerie Orlando.Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Crooks, Jamie) (Entered: 12/09/2025)	RECAP
67	Dec. 9, 2025	MEMORANDUM OF LAW in Support re: (66 in 1:25-cv-03923-CM, 157 in 1:25-cv-03657-CM) MOTION to Compel . . Document filed by Katalin Balog, William Goldstein, Benjamin Holtzman, Lee Jasperse, Nicole Jenkins, Elizabeth Kadetsky, Valarie Orlando, The Authors Guild, Valerie Orlando. (Attachments: # 1 Affidavit and Declaration of Jamie Crooks, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Proposed Order to Compel)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Crooks, Jamie) (Entered: 12/09/2025) 1 Affidavit and Declaration of Jamie Crooks View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on PACER 9 Exhibit 8 View on PACER 10 Exhibit 9 View on PACER 11 Exhibit 10 View on PACER 12 Exhibit 11 View on PACER 13 Exhibit 12 View on PACER 14 Exhibit 13 View on PACER 15 Exhibit 14 View on PACER 16 Proposed Order to Compel View on PACER	RECAP
68	Dec. 10, 2025	LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Rachael Doud dated December 10, 2025 re: (65 in 1:25-cv-03923-CM, 156 in 1:25-cv-03657-CM) LETTER MOTION to Compel U.S. DOGE Service, Justin Fox, Nate Cavanaugh, Amy Gleason to Produce Discovery addressed to Judge Colleen McMahon from Daniel F. Jacobson dated 12/9/2025. . Document filed by 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.(Doud, Rachael) (Entered: 12/10/2025)	RECAP
69	Dec. 11, 2025	MEMO ENDORSEMENT on re: (68 in 1:25-cv-03923-CM, 159 in 1:25-cv-03657-CM) Response to Motion,, filed by Michael McDonald, Justin Fox, Nate Cavanaugh, United States DOGE Service, Amy Gleason. ENDORSEMENT: The government may respond to the Authors Guild Rule 37 motion on an accelerated basis - response due 12/16/2025. I will decide whether any reply is necessary. I intend to decide this issue before Christmas if I can., ( Responses due by 12/16/2025) (Signed by Judge Colleen McMahon on 12/11/25) Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (yv) (Entered: 12/11/2025)	RECAP
70	Dec. 16, 2025	NOTICE of Supplement to Administrative Record re: (140 in 1:25-cv-03657-CM, 55 in 1:25-cv-03923-CM) Notice (Other),. Document filed by Nate Cavanaugh, Justin Fox, Amy Gleason, Michael McDonald, National Endowment for the Humanities, United States DOGE Service. (Attachments: # 1 Exhibit Index, # 2 Exhibit NEH_AR_0000095, # 3 Exhibit NEH_AR_0000133, # 4 Exhibit NEH_AR_0000134, # 5 Exhibit NEH_AR_0000136)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Doud, Rachael) (Entered: 12/16/2025) 1 Exhibit Index View on PACER 2 Exhibit NEH_AR_0000095 View on PACER 3 Exhibit NEH_AR_0000133 View on PACER 4 Exhibit NEH_AR_0000134 View on PACER 5 Exhibit NEH_AR_0000136 View on PACER	RECAP
71	Dec. 16, 2025	MEMORANDUM OF LAW in Opposition re: (66 in 1:25-cv-03923-CM, 157 in 1:25-cv-03657-CM) MOTION to Compel . . 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: 12/16/2025)	RECAP
72	Dec. 16, 2025	DECLARATION of Mary Ellen Brennan in Opposition re: (66 in 1:25-cv-03923-CM, 157 in 1:25-cv-03657-CM) MOTION to Compel .. 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, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Brennan, Mary) (Entered: 12/16/2025)	RECAP
73	Dec. 17, 2025	LETTER MOTION for Leave to File Amended Memorandum of Law, amending the filing at Docket Entry 162 to include a table of cases (but otherwise identical to the filing at Docket Entry 162) addressed to Judge Colleen McMahon from Mary Ellen Brennan dated December 17, 2025. 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 filing))Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM.(Brennan, Mary) (Entered: 12/17/2025) 1 Exhibit Exhibit A (proposed filing) View on PACER	RECAP
74	Dec. 17, 2025	ORDER granting (164) Letter Motion for Leave to File Document in case 1:25-cv-03657-CM. Fine-we hope to have a decision on it tomorrow. (Signed by Judge Colleen McMahon on 12/17/2025) Filed In Associated Cases: 1:25-cv-03657-CM, 1:25-cv-03923-CM (ar) (Entered: 12/17/2025)	RECAP
75	Dec. 17, 2025	AMENDED MEMORANDUM OF LAW in Opposition re: (66 in 1:25-cv-03923-CM, 157 in 1:25-cv-03657-CM) MOTION to Compel . (adding table of cases). 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: 12/17/2025)	RECAP
76	Dec. 18, 2025	OPINION re: (66 in 1:25-cv-03923-CM, 157 in 1:25-cv-03657-CM) MOTION to Compel . filed by The Authors Guild, Lee Jasperse, Elizabeth Kadetsky, Valarie Orlando, Nicole Jenkins, Valerie Orlando, William Goldstein, Katalin Balog, Benjamin Holtzman, (156 in 1:25-cv-03657-CM, 65 in 1:25-cv-03923-CM) LETTER MOTION to Compel U.S. DOGE Service, Justin Fox, Nate Cavanaugh, Amy Gleason to Produce Discovery addressed to Judge Colleen McMahon from Daniel F. Jacobson dated 12/9/2025. filed by Modern Language Association of America, American Historical Association, American Council of Learned Societies. For the foregoing reasons, Plaintiffs' motions to compel are GRANTED. Defendants' objections to Plaintiffs' written discovery requests and deposition notices on the ground that discovery is limited to the administrative record are OVERRULED. The scope of Defendants' discovery obligations, including the entities, custodians, and categories of materials to be searched and produced, is set forth in a separate Order entered contemporaneously with this Opinion. The Court reminds the parties that compliance with discovery obligations "is not optional or negotiable; rather, the integrity of our civil litigation process requires that the parties before us... carry out their duties to maintain and disclose the relevant information in their possession in good faith." Klipsch Grp., Inc. v. ePRO E-Corn. Ltd., 880 F.3d 620, 630-31 (2d Cir. 2018). It is also well-recognized that, "Whether exercising its inherent power, or acting pursuant to Rule 37, a district court has wide discretion in sanctioning a party for discovery abuses." Reilly v. Natwest Markets Grp. Inc., 181 F.3d 253, 267 (2d Cir. 1999). The Court will not hesitate to impose sanctions should any party fail to comply with its discovery obligations or the Court's discovery directives. The Clerk of Court is directed to terminate the motions at Docket Numbers 65 and 66 in The Authors Guild v. National Endowment for the Humanities, No. 25-cv-3923 (CM), and Docket Numbers 156 and 157 in American Council of Learned Societies v. McDonald, No. 25-cv-3657 (CM), and to remove them from the Court's list of open motions. This constitutes the decision and order of the Court. It is a written decision. (Signed by Judge Colleen McMahon on 12/18/2025) (jca) (Entered: 12/18/2025)	Clearinghouse
77	Dec. 18, 2025	OPINION re: (66 in 1:25-cv-03923-CM, 157 in 1:25-cv-03657-CM) MOTION to Compel . filed by The Authors Guild, Lee Jasperse, Elizabeth Kadetsky, Valarie Orlando, Nicole Jenkins, Valerie Orlando, William Goldstein, Katalin Balog, Benjamin Holtzman, (156 in 1:25-cv-03657-CM, 65 in 1:25-cv-03923-CM) LETTER MOTION to Compel U.S. DOGE Service, Justin Fox, Nate Cavanaugh, Amy Gleason to Produce Discovery addressed to Judge Colleen McMahon from Daniel F. Jacobson dated 12/9/2025. filed by Modern Language Association of America, American Historical Association, American Council of Learned Societies.For the foregoing reasons, Plaintiffs' motions to compel are GRANTED. Defendants' objections to Plaintiffs' written discovery requests and deposition notices on the ground that discovery is limited to the administrative record are OVERRULED. The scope of Defendants' discovery obligations, including the entities, custodians, and categories of materials to be searched and produced, is set forth in a separate Order entered contemporaneously with this Opinion. The Court reminds the parties that compliance with discovery obligations "is not optional or negotiable; rather, the integrity of our civil litigation process requires that the parties before us... carry out their duties to maintain and disclose the relevant information in their possession in good faith." Klipsch Grp., Inc. v. ePRO E-Com. Ltd., 880 F.3d 620, 63031 (2d Cir. 2018). It is also well-recognized that, "Whether exercising its inherent power, or acting pursuant to Rule 37, a district court has wide discretion in sanctioning a party for discovery abuses." Reilly v. Natwest Markets Grp. Inc., 181 F.3d 253, 267 (2d Cir. 1999). The Court will not hesitate to impose sanctions should any party fail to comply with its discovery obligations or the Court's discovery directives. The Clerk of Court is directed to terminate the motions at Docket Numbers 65 and 66 in The Authors Guild v. National Endowment for the Humanities, No. 25-cv-3923 (CM), and Docket Numbers 156 and 157 in American Council of Learned Societies v. McDonald, No. 25-cv-3657 (CM), and to remove them from the Court's list of open motions. This constitutes the decision and order of the Court. It is a written decision. BY ECF TO ALL COUNSEL. (Signed by Judge Colleen McMahon on 12/18/2025) Copies Sent By Chambers. (jjc) (Entered: 12/18/2025)	RECAP
	Dec. 18, 2025	Notice Regarding Deleted Document
	Dec. 18, 2025	***DELETED DOCUMENT. Deleted document number 77 OPINION. The document was incorrectly filed in this case. (jjc)

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Case Details

State / Territory:

New York

Case Type(s):

Speech and Religious Freedom

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Grant/Contract rescissions, Defunding or Other Threats against Private Entities

Key Dates

Filing Date: May 12, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An authors' group and several individual NEH grantees.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal

National Endowment for the Humanities

United States DOGE Service

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Freedom of speech/association

Separation of Powers

Spending/Appropriations Clauses

Other Dockets:

Southern District of New York 1:25-cv-03923

U.S. Court of Appeals for the Second Circuit 26-1829

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Reinstatement (job, contract, grant, etc.)

Issues

General/Misc.:

Funding

Presidential/Gubernatorial Authority:

DOGE (Department of Government Efficiency)

Impoundment (mandatory spending)

Recommended Citation

Case Summary of Authors Guild v. National Endowment for the Humanities, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46593/ (last updated 2/27/2026).

Case: Authors Guild v. National Endowment for the Humanities

1:25-cv-03923 | U.S. District Court for the Southern District of New York

Case Summary

Related Cases

People

Documents in the Clearinghouse

Docket

Docket for: The Authors Guild v. National Endowment for the Humanities

Case Details