Case: Association of American Universities v. Department of Defense

1:25-cv-11740 | U.S. District Court for the District of Massachusetts

Filed Date: June 16, 2025

Case Ongoing

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Case Summary

This case challenged the Department of Defense’s (DOD) attempt to slash indirect cost funding for DOD-funded research projects. Indirect costs are those which are incurred by research institutions in general, but which are difficult to attribute to a specific project; anything from administrative staff to computer systems to nuclear-rated facilities qualifies as an indirect cost. Since 1965, indirect costs at research institutions have been partially subsidized by the federal agencies that comm…

This case challenged the Department of Defense’s (DOD) attempt to slash indirect cost funding for DOD-funded research projects. Indirect costs are those which are incurred by research institutions in general, but which are difficult to attribute to a specific project; anything from administrative staff to computer systems to nuclear-rated facilities qualifies as an indirect cost. Since 1965, indirect costs at research institutions have been partially subsidized by the federal agencies that commission research, at negotiated rates approved by Congress and enshrined in a myriad of regulations. Over the first few months of the Trump Administration, several other federal agencies had tried to trim indirect cost funding; each of these attempts had been enjoined by a federal court or voluntarily stayed by the agency itself prior to DOD’s own attempt. Plaintiffs, a coalition of U.S. universities and university associations, alleged DOD’s actions violated the Administrative Procedure Act (APA).

Plaintiffs filed this lawsuit on June 16, 2025, in the U.S. District Court for the District of Massachusetts. The lawsuit named DOD and its Secretary, Pete Hegseth, as defendants. Plaintiffs sought declaratory and injunctive relief as well as attorneys’ fees. The case was assigned to Judge Brian E. Murphy.

On June 17, 2025—the day after plaintiffs’ complaint was filed—the court granted plaintiffs a temporary restraining order blocking "the immediately effective portions of the Rate Cap Policy, i.e., those portions implementing a 15% cap for all awards issued on or after June 12, 2025, including but not limited to rejecting or treating adversely proposals for DOD funding submitted at universities’ negotiated rates rather than the 15% rate."

On July 18, 2025, the court granted a preliminary injunction, under the same terms as the prior TRO. The court also ordered plaintiffs to provide defendants a list of all organizational plaintiffs' member universities and ordered defendants to give notice by July 25, 2025, of the preliminary injunction and the member universities covered by the injunction to all those involved in DOD's grant process.

This case is ongoing.

Summary Authors

Matt Petrillo (7/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70552058/parties/association-of-american-universities-v-department-of-defense/


Attorney for Plaintiff

Bhabha, Ishan (Massachusetts)

Clement, Paul D (Massachusetts)

Creighton, Jessica (Massachusetts)

Drezner, Michael (Massachusetts)

Eiswald, Kyle Raymond (Massachusetts)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

1:25-cv-11740

Complaint

June 16, 2025

June 16, 2025

Complaint
48

1:25-cv-11740

Order Granting Plaintiffs' Motion for a Temporary Restraining Order

June 17, 2025

June 17, 2025

Order/Opinion
73

1:25-cv-11740

Memorandum and Order on Plaintiffs' Motion for Preliminary Relief

July 18, 2025

July 18, 2025

Order/Opinion

2025 WL 2022628

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70552058/association-of-american-universities-v-department-of-defense/

Last updated Aug. 21, 2025, 2:03 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Peter Hegseth, Department of Defense Filing fee: $ 405, receipt number AMADC-11069567 (Fee Status: Filing Fee paid), filed by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Category Form, # 5 Text of Proposed Summons - Department of Defense, # 6 Text of Proposed Summons - Peter Hegseth)(Pillay, Shoba) Modified on 6/16/2025: edit docket text (EZG). (Entered: 06/16/2025)

1 Exhibit A

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2 Exhibit B

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3 Civil Cover Sheet

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4 Category Form

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5 Text of Proposed Summons - Department of Defense

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6 Text of Proposed Summons - Peter Hegseth

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June 16, 2025

June 16, 2025

Clearinghouse
10

MOTION for Leave to Appear Pro Hac Vice for admission of Kyle R. Eiswald Filing fee: $ 125, receipt number AMADC-11070286 by American Council on Education, Association of American Universities, Association of Public and Land-grant Universities.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
11

MOTION for Leave to Appear Pro Hac Vice for admission of James Y. Xi Filing fee: $ 125, receipt number AMADC-11070391 by American Council on Education, Association of American Universities, Association of Public and Land-grant Universities.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
12

NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are required to submit a form indicating whether the parties consent to proceed before a U.S. Magistrate Judge. The submission of the form is mandatory. Completed forms shall be filed promptly. The parties are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (JKK) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
13

MOTION for Temporary Restraining Order by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Proposed Order)(Pillay, Shoba) (Entered: 06/16/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Proposed Order

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June 16, 2025

June 16, 2025

RECAP
14

Summons Issued as to Department of Defense, Peter Hegseth. 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. (EZG) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
15

CORPORATE DISCLOSURE STATEMENT by Association of American Universities. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
16

CORPORATE DISCLOSURE STATEMENT by American Council on Education. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
17

CORPORATE DISCLOSURE STATEMENT by Association of Public and Land-grant Universities. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
18

CORPORATE DISCLOSURE STATEMENT by Arizona Board of Regents on Behalf of Arizona State University. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
19

CORPORATE DISCLOSURE STATEMENT by Brown University. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
2

MOTION for Leave to File Excess Pages by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington. (Attachments: # 1 Proposed Order)(Pillay, Shoba) (Entered: 06/16/2025)

1 Proposed Order

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June 16, 2025

June 16, 2025

PACER
20

CORPORATE DISCLOSURE STATEMENT by California Institute of Technology. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
21

CORPORATE DISCLOSURE STATEMENT by Cornell University. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
22

CORPORATE DISCLOSURE STATEMENT by The Board of Trustees of the University of Illinois. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
23

CORPORATE DISCLOSURE STATEMENT by The Johns Hopkins University. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
24

CORPORATE DISCLOSURE STATEMENT by Massachusetts Institute of Technology. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
25

CORPORATE DISCLOSURE STATEMENT by University of Pittsburgh of the Commonwealth System of Higher Education. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
26

CORPORATE DISCLOSURE STATEMENT by The Regents of the University of California. (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
27

MOTION for Leave to Appear Pro Hac Vice for admission of Jessica L. Creighton Filing fee: $ 125, receipt number AMADC-11071980 by University of Washington.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
28

MOTION for Leave to Appear Pro Hac Vice for admission of Lauren Peach Filing fee: $ 125, receipt number AMADC-11071983 by Board of Governors of the Colorado State University System Acting by and through Colorado State University.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
29

MOTION for Leave to Appear Pro Hac Vice for admission of Michael Drezner Filing fee: $ 125, receipt number AMADC-11071984 by University of Maryland, College Park.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
3

MOTION for Leave to Appear Pro Hac Vice for admission of Ishan K. Bhabha Filing fee: $ 125, receipt number AMADC-11069834 by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
30

MOTION for Leave to Appear Pro Hac Vice for admission of Michael McMaster Filing fee: $ 125, receipt number AMADC-11071985 by Board of Governors of the Colorado State University System Acting by and through Colorado State University.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
4

MOTION for Leave to Appear Pro Hac Vice for admission of Lindsay C. Harrison Filing fee: $ 125, receipt number AMADC-11069885 by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
5

MOTION for Leave to Appear Pro Hac Vice for admission of Lauren J. Hartz Filing fee: $ 125, receipt number AMADC-11069892 by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
6

MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth Henthorne Filing fee: $ 125, receipt number AMADC-11069899 by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
7

MOTION for Leave to Appear Pro Hac Vice for admission of Zachary C. Schauf Filing fee: $ 125, receipt number AMADC-11069918 by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
8

NOTICE by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington / Notice Regarding Local Rule 7.1 Consultation (Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER
9

MOTION for Leave to Appear Pro Hac Vice for admission of Paul D. Clement Filing fee: $ 125, receipt number AMADC-11070226 by American Council on Education, Association of American Universities, Association of Public and Land-grant Universities.(Pillay, Shoba) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER

Notice of Case Assignment to a Magistrate Judge

June 16, 2025

June 16, 2025

PACER
31

ELECTRONIC NOTICE of Case Reassignment. Judge Brian E. Murphy assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (NMC) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
32

Judge Brian E. Murphy: ELECTRONIC ORDER granting 2 Motion for Leave to File Excess Pages. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (BIB) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
33

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice Added Ishan K. Bhabha. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.; granting 4 Motion for Leave to Appear Pro Hac Vice Added Lindsay C. Harrison. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.; granting 5 Motion for Leave to Appear Pro Hac Vice Added Lauren J. Hartz. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.; granting 6 Motion for Leave to Appear Pro Hac Vice Added Elizabeth Henthorne. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.; granting 7 Motion for Leave to Appear Pro Hac Vice Added Zachary C. Schauf. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (MBM) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
34

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 9 Motion for Leave to Appear Pro Hac Vice Added Paul D. Clement. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.; granting 10 Motion for Leave to Appear Pro Hac Vice Added Kyle R. Eiswald. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.; granting 11 Motion for Leave to Appear Pro Hac Vice Added James Y. Xi. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (MBM) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
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Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 27 Motion for Leave to Appear Pro Hac Vice Added Jessica L. Creighton. 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. (MBM) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
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Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 28 Motion for Leave to Appear Pro Hac Vice Added Lauren Peach. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (MBM) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
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Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 29 Motion for Leave to Appear Pro Hac Vice Added Michael Drezner. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (MBM) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
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Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 30 Motion for Leave to Appear Pro Hac Vice Added Michael McMaster. 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. (MBM) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
39

MEMORANDUM in Support re 13 MOTION for Temporary Restraining Order filed by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Pittsburgh of the Commonwealth System of Higher Education. (Pillay, Shoba) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

RECAP
40

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: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
41

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: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
42

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: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
43

NOTICE of Appearance by Bethany Theriot on behalf of Department of Defense, Peter Hegseth (Theriot, Bethany) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
44

NOTICE of Appearance by Lindsay C. Harrison on behalf of American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Pittsburgh of the Commonwealth System of Higher Education (Harrison, Lindsay) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
45

NOTICE of Appearance by Lauren J. Hartz on behalf of American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Pittsburgh of the Commonwealth System of Higher Education (Hartz, Lauren) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
46

NOTICE of Appearance by Elizabeth Lynn Henthorne on behalf of American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Pittsburgh of the Commonwealth System of Higher Education (Henthorne, Elizabeth) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
47

NOTICE of Appearance by Zachary C. Schauf on behalf of American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Pittsburgh of the Commonwealth System of Higher Education (Schauf, Zachary) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
48

Judge Brian E. Murphy: ORDER GRANTING 13 PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER...Defendants' opposition to the Motion is due by Tuesday, June 24, 2025, at 3 p.m. Plaintiffs may file a reply brief, limited to ten pages in length, by Friday, June 27, 2025, at 3 p.m. Counsel shall appear in-person in Courtroom 1 for a hearing on the Motion at 11 a.m. on Wednesday, July 2nd, 2025.This TRO shall become effective immediately upon entry by this Court. It shall remain in effect until further order of this Court. (see attached Order for further details) (BIB) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

Clearinghouse
49

NOTICE OF HEARING: Hearing on Motion for Temporary Restraining Order is set for 7/2/2025 at 11:00 a.m. in Courtroom 1 (In person only) before Judge Brian E. Murphy. (BIB) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
50

NOTICE of Appearance by Lauren Kelsey Peach on behalf of Board of Governors of the Colorado State University System Acting by and through Colorado State University (Peach, Lauren) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER

Notice of Case Assignment

June 17, 2025

June 17, 2025

PACER

Order on Motion for Leave to File Excess Pages

June 17, 2025

June 17, 2025

PACER

Order on Motion for Leave to Appear

June 17, 2025

June 17, 2025

PACER

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

June 17, 2025

June 17, 2025

PACER

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

June 17, 2025

June 17, 2025

PACER

Notice Setting or Resetting Hearing on Motion

June 17, 2025

June 17, 2025

PACER
51

NOTICE of Appearance by I-Heng Hsu on behalf of Department of Defense, Peter Hegseth (Hsu, I-Heng) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

PACER
52

NOTICE by Department of Defense, Peter Hegseth in Response to the Court's June 17, 2025 Order (Attachments: # 1 Exhibit 1 - Declaration of Jason O. Day)(Hsu, I-Heng) (Entered: 06/19/2025)

1 Exhibit 1 - Declaration of Jason O. Day

View on RECAP

June 19, 2025

June 19, 2025

PACER
53

NOTICE of Appearance by Michael McMaster on behalf of Board of Governors of the Colorado State University System Acting by and through Colorado State University (McMaster, Michael) (Entered: 06/19/2025)

June 19, 2025

June 19, 2025

PACER
54

MOTION for Leave to File Excess Pages by Department of Defense, Peter Hegseth. (Attachments: # 1 Proposed Order)(Hsu, I-Heng) (Entered: 06/19/2025)

June 19, 2025

June 19, 2025

PACER
55

Judge Brian E. Murphy: ELECTRONIC ORDER granting 54 Defendants' Motion for Leave to File Excess Pages; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (BIB) (Entered: 06/20/2025)

June 20, 2025

June 20, 2025

PACER
56

NOTICE of Appearance by Jessica Creighton on behalf of University of Washington (Creighton, Jessica) (Entered: 06/20/2025)

June 20, 2025

June 20, 2025

PACER

Order on Motion for Leave to File Excess Pages

June 20, 2025

June 20, 2025

PACER
57

NOTICE of Appearance by Michael Drezner on behalf of University of Maryland, College Park (Drezner, Michael) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

PACER
58

Opposition re 13 MOTION for Temporary Restraining Order filed by Department of Defense, Peter Hegseth. (Theriot, Bethany) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

RECAP
59

MOTION for Leave to File Excess Pages by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Pittsburgh of the Commonwealth System of Higher Education. (Attachments: # 1 Text of Proposed Order)(Harrison, Lindsay) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

PACER
60

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 59 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MBM) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

PACER

Order on Motion for Leave to File Excess Pages

June 26, 2025

June 26, 2025

PACER
61

REPLY to Response to 13 MOTION for Temporary Restraining Order filed by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington. (Clement, Paul) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

PACER
62

Judge Brian E. Murphy: ELECTRONIC ORDER re 48 Order on Motion for TRO - The Court will hear argument from the parties tomorrow, July 2, 2025. The Court finds that good cause exists to extend the June 17, 2025 temporary restraining order, Dkt. 48, for an additional 14 days or until further order of the Court. Fed. R. Civ. P. 65(b). (BIB) (Entered: 07/01/2025)

July 1, 2025

July 1, 2025

PACER

Order

July 1, 2025

July 1, 2025

PACER
63

CLERK'S NOTES for Motion Hearing held in-person before Judge Brian E. Murphy: Court clarifies issues and hears arguments by counsel. Supplemental briefing to be filed by 7/9/2025, limited to seven (7) pages, on the relevancy of the Casa case decided by the Supreme Court last week and an outline of the track of this case if an injunction or stay is granted. Reply briefs to be filed by 7/11/2025. Matter taken under advisement.(Court Reporter: Debra Kane at debrakane0711@gmail.com.)(Attorneys present: Schauf, Henthorne, Pillay, Theriot) (BIB) (Entered: 07/03/2025)

July 2, 2025

July 2, 2025

PACER
64

Transcript of Motion Hearing held on July 2, 2025, before Judge Brian E. Murphy. 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: Debra Kane at debrakane0711@gmail.com. Redaction Request due 7/24/2025. Redacted Transcript Deadline set for 8/4/2025. Release of Transcript Restriction set for 10/1/2025. (DRK) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

PACER
65

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: 07/03/2025)

July 3, 2025

July 3, 2025

PACER

Motion Hearing

July 3, 2025

July 3, 2025

PACER

Notice of Filing of Official Transcript

July 3, 2025

July 3, 2025

PACER
66

RESPONSE to Motion re 13 MOTION for Temporary Restraining Order re Questions Posed By Court During the July 2, 2025 Hearing filed by Department of Defense, Peter Hegseth. (Theriot, Bethany) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

RECAP
67

BRIEF by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington to 13 MOTION for Temporary Restraining Order, 63 Motion Hearing,, Questions Posed By Court During the July 2, 2025 Hearing. (Clement, Paul) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

RECAP
68

REPLY to Response to 13 MOTION for Temporary Restraining Order re Plaintiffs' Supplemental Memorandum re Trump v. Casa 67 filed by Department of Defense, Peter Hegseth. (Theriot, Bethany) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

PACER
69

BRIEF by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington to 13 MOTION for Temporary Restraining Order, 66 Response to Motion Defendants' Supplemental Memorandum. (Clement, Paul) (Entered: 07/11/2025)

July 11, 2025

July 11, 2025

RECAP
70

Judge Brian E. Murphy: ELECTRONIC ORDER EXTENDING TRO...In light of the parties' supplemental briefing submitted on Wednesday, July 9, 2025, and Friday, July 11, 2025, the Court finds good cause to extend the 48 62 temporary restraining order through Friday, July 18, 2025, to allow the Court time to fully resolve the pending issues. (BIB) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

PACER
71

Judge Brian E. Murphy: SCHEDULING ORDER:Defendants will produce the administrative record by July 18, 2025.Plaintiffs will file their motion for summary judgment by July 28, 2025. Defendants will file their opposition to Plaintiffs' motion for summary judgment and Defendants' cross-motion for summary judgment by August 7, 2025.Plaintiffs will file their reply in support of their motion for summary judgment and their opposition to Defendants' cross-motion for summary judgment by August 14, 2025.Defendants will file their reply in support of their cross-motion for summary judgment by August 21, 2025.NOTICE OF HEARING: Hearing on cross motions for summary judgment is SCHEDULED for 9/4/2025 at 11:00 a.m. in Courtroom 12 (In person only) before Judge Brian E. Murphy.(BIB) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

PACER

Order

July 15, 2025

July 15, 2025

PACER

Scheduling Order AND ~Util - Set Hearings

July 15, 2025

July 15, 2025

PACER
72

NOTICE by Department of Defense, Peter Hegseth of Filing Administrative Record (Attachments: # 1 Designation and Certification, # 2 Index, # 3 DOD_AR_000001-03, # 4 DOD_AR_000004-09, # 5 DOD_AR_000010-11, # 6 DOD_AR_000012-13, # 7 DOD_AR_000014, # 8 DOD_AR_000015)(Theriot, Bethany) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

PACER
73

Judge Brian E. Murphy: ORDER entered. MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION FOR PRELIMINARY RELIEF. Plaintiffs' motion for preliminary relief is GRANTED.(MC) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

RECAP
74

NOTICE by Department of Defense, Peter Hegseth re 73 Memorandum & ORDER (Attachments: # 1 Theriot Declaration, # 2 Day Declaration)(Theriot, Bethany) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

PACER
75

MOTION for Summary Judgment by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Clement, Paul) (Entered: 07/28/2025)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Text of Proposed Order

View on PACER

July 28, 2025

July 28, 2025

RECAP
76

MEMORANDUM in Support re 75 MOTION for Summary Judgment filed by American Council on Education, Arizona Board of Regents on Behalf of Arizona State University, Association of American Universities, Association of Public and Land-grant Universities, Board of Governors of the Colorado State University System Acting by and through Colorado State University, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, The Board of Trustees of the University of Illinois, The Johns Hopkins University, The Regents of the University of California, University of Maryland, College Park, University of Pittsburgh of the Commonwealth System of Higher Education, University of Washington. (Clement, Paul) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

PACER
77

Motion for Leave to File Excess Pages

Aug. 6, 2025

Aug. 6, 2025

PACER
78

Order on Motion for Leave to File Excess Pages

Aug. 6, 2025

Aug. 6, 2025

PACER

Order on Motion for Leave to File Excess Pages

Aug. 6, 2025

Aug. 6, 2025

PACER
79

Motion for Summary Judgment

Aug. 7, 2025

Aug. 7, 2025

RECAP
80

Memorandum in Support of Motion

Aug. 7, 2025

Aug. 7, 2025

PACER
81

Opposition to Motion

Aug. 14, 2025

Aug. 14, 2025

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Presidential/Gubernatorial Authority

Education

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Spending Freezes/Cuts)

Key Dates

Filing Date: June 16, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several U.S. universities and university associations.

Attorney Organizations:

Jenner & Block

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Defense (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Funding

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)