Case: United States v. Beshear

COMPLAINT, filed by USA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Andrew Beshear, # 3 Summons Robbie Fletcher, # 4 Summons CPE)(CBD) (Entered: 06/17/2025)

1 Civil Cover Sheet

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2 Summons Andrew Beshear

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3 Summons Robbie Fletcher

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4 Summons CPE

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Summons Issued as to Andrew Beshear, Robbie Fletcher, Kentucky Council on Postsecondary Education and returned to counsel electronically for service. (CBD) (Entered: 06/17/2025)

Conflict Check

Conflict Check run. (CBD)

AMENDED COMPLAINT against Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson, filed by USA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Restrepo, Luz) (Entered: 06/23/2025)

Summons Issued as to Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson and returned to counsel electronically for service. (CBD) (Entered: 06/23/2025)

NOTICE OF APPEARANCE by Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson. (Dirr, David) (Entered: 07/03/2025)

Proposed Agreed Order For Extension of Time to Respond to Amended Complaint by Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson. (Dirr, David) (Entered: 07/03/2025)

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 7 Proposed Agreed Order For Extension of Time to Respond to Amended Complaint by Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson (CBD)

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 7 Proposed Agreed Order For Extension of Time to Respond to Amended Complaint by Andrew Beshear, Kentucky Council on Postsecondary Education, Aaron Thompson (CBD)

Motion Submitted

NOTICE OF APPEARANCE by Kentucky Council on Postsecondary Education, Aaron Thompson. (Dirr, David) (Entered: 07/11/2025)

Proposed Agreed Order for Extension of Time, Amended by Kentucky Council on Postsecondary Education, Aaron Thompson. (Dirr, David) (Entered: 07/11/2025)

NOTICE OF APPEARANCE by Kentucky Council on Postsecondary Education, Aaron Thompson. (Guilfoyle, Mark) (Entered: 07/14/2025)

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 9 Proposed Agreed Order for Extension of Time, Amended by Kentucky Council on Postsecondary Education, Aaron Thompson (CBD)

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 7 Proposed Agreed Order For Extension of Time to Respond to Amended Complaint by Andrew Beshear (CBD)

Motion Submitted

MOTION to Dismiss for Lack of Jurisdiction by Andrew Beshear, MOTION to Dismiss for failure to state a claim by Andrew Beshear (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Exhibit Attorney General Letter, # 3 Proposed Order Order Granting Motion to Dismiss)(Payne, Taylor) (Entered: 07/15/2025)

1 Memorandum in Support Memorandum in Support

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2 Exhibit Attorney General Letter

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3 Proposed Order Order Granting Motion to Dismiss

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ORDER: 1. The Amended Agreed Order [R. 9 ] is GRANTED; 2. Defendants Kentucky Council on Postsecondary Education and Aaron Thompson shall answer or otherwise respond to the Complaint on or before August 14, 2025; and 3. The Proposed Agreed Order [R. 7 ] is DENIED AS MOOT. Signed by Judge Gregory F. Van Tatenhove on 7/16/2025.(JJ)cc: COR (Entered: 07/16/2025)

NOTICE OF APPEARANCE by USA. (Skedzielewski, Sean) (Entered: 07/17/2025)

Proposed Agreed Order to respond Beshears Motion to Dismiss (ECF No. 11) by USA. (Restrepo, Luz) Modified text on 7/31/2025 (CBD). (Entered: 07/30/2025)

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 14 Proposed Agreed Order to respond to Beshears Motion to Dismiss (ECF No. 11) by USA (CBD)

Motion Submitted

ORDER: 1. The Agreed Order 14 is GRANTED; and 2. The Plaintiff shall respond to the Motion to Dismiss on or before August 19, 2025.. Signed by Judge Gregory F. Van Tatenhove on 8/1/2025.(CBD)cc: COR (Entered: 08/01/2025)

STIPULATION of Dismissal of Governor by USA. (Attachments: # 1 Proposed Order Proposed Order)(Restrepo, Luz) Modified on 8/14/2025 (CBD). (Entered: 08/14/2025)

1 Proposed Order Proposed Order

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NOTICE of Appearance by Steven Travis Mayo on behalf of Andrew Beshear (Mayo, Steven) (Entered: 08/14/2025)

MOTION for Olivia Alden to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition. (Attachments: # 1 Exhibit A - Affidavit of Olivia Alden, # 2 Exhibit B - Proposed Order, # 3 Receipt 300000895, # 4 Mailing Envelope - Post marked 8/13/25)(JJ) (Entered: 08/14/2025)

Proposed Agreed Order for Extension (Second) by Kentucky Council on Postsecondary Education, Aaron Thompson. (Dirr, David) (Entered: 08/14/2025)

Bar Status Check completed

Motion Submitted

BAR STATUS Check completed as to Olivia Alden re 18 MOTION for Olivia Alden to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition. (JJ)

***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 18 MOTION for Olivia Alden to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition (JJ)

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 16 Proposed Agreed Order to Dismiss Andrew Beshear (CBD)

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 19 Proposed Agreed Order for Extension to respond to Complaint(Second) by Kentucky Council on Postsecondary Education, Aaron Thompson (CBD)

Motion Submitted

JOINT MOTION to Stay by USA (Joint Motion to Stay Deadlines) (Attachments: # 1 Proposed Order)(Restrepo, Luz) (Entered: 08/19/2025)

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 20 JOINT MOTION to Stay by USA (Joint Motion to Stay Deadlines) (CBD)

Motion Submitted

ORDER: 1. The Motion for Extension 19 is GRANTED; and 2. The Defendants SHALL file their briefing on or before August 25, 2025.. Signed by Judge Gregory F. Van Tatenhove on 8/22/2025.(CBD)cc: COR (Entered: 08/22/2025)

ORDER: 1. The Defendant's Motion for Admission Pro Hac Vice [R. 18 ] is GRANTED; and 2. Attorney Olivia Alden is admitted pro hac vice as counsel for Defendant Kentucky Students for Affordable Tuition in the above-styled action. Signed by Judge Gregory F. Van Tatenhove on 8/22/2025. (JJ)cc: COR, Atty Alden (Entered: 08/22/2025)

ORDER: 1. Parties' Joint Stipulation of Dismissal [R. 16 ] is GRANTED; 2. All claims in this matter against Defendant Beshear are DISMISSED WITH PREJUDICE. Each party shall bear its own fees and costs; 3. Defendant Beshear's Motion to Dismiss [R. 11 ] is DENIED AS MOOT; 4. Parties' Joint Motion to Stay Deadlines [R. 20 ] is DENIED; 5. The Parties have 14 days from the entry of this Order to file their respective responses. Signed by Judge Gregory F. Van Tatenhove on 8/22/2025.(JJ)cc: COR (Entered: 08/22/2025)

JOINT MOTION for Judgment by USA (MOTION FOR CONSENT JUDGMENT) (Restrepo, Luz) (Entered: 08/22/2025)

NOTICE by USA re 24 JOINT MOTION for Judgment by USA (MOTION FOR CONSENT JUDGMENT) PROPOSED ORDER FOR JOINT MOTION FOR CONSENT JUDGMENT (Restrepo, Luz) (Entered: 08/22/2025)

MOTION for Susana Sandoval Vargas to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition ( Filing fee $125; receipt number AKYEDC-6168318) (Attachments: # 1 Affidavit, # 2 Proposed Order)(Alden, Olivia) (Entered: 08/22/2025)

1 Affidavit

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2 Proposed Order

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MOTION to Intervene by Kentucky Students for Affordable Tuition (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Answer)(Alden, Olivia) (Entered: 08/22/2025)

1 Memorandum in Support

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2 Proposed Order

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3 Proposed Answer

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Notice for Attorney to Request E-Filing Privileges

Notice of Correction Deleting a Document from the Record

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Olivia Alden: re 22 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Olivia Alden (JJ)

NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: The deleted document was entered on 8/22/2025. Document deleted because Order was docketed in incorrect case. *CBD* cc: COR (CBD)

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 24 JOINT MOTION for Judgment by USA (MOTION FOR CONSENT JUDGMENT) (CBD)

BAR STATUS Check completed as to Susana Sandoval Vargas re 26 MOTION for Susana Sandoval Vargas to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition . (CBD)

Bar Status Check completed

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 26 MOTION for Susana Sandoval Vargas to Appear Pro Hac Vice by Kentucky Students for Affordable Tuition (CBD)

Motion Submitted

NOTICE by USA Supplemental Authority (Attachments: # 1 Exhibit A Tab, # 2 Exhibit A -United States v. Texas, No. 7:25-cv-00055-O, # 3 Exhibit B Tab, # 4 Exhibit B United States v. Oklahoma, No. 25-CV-265-RAW-DES, # 5 Exhibit C Tab, # 6 Exhibit C, - Order US v. Oklahoma, No. 25-CV-265# 7 Exhibit C - Consent Jgm US v. Oklahoma, No. 25-CV-265)(Restrepo, Luz) Modified text on 9/4/2025 (CBD). (Entered: 09/03/2025)

ORDER: 1. The Defendants Motion for Admission Pro Hac Vice [R. 26 ] is GRANTED; and 2. Attorney Sandoval Vargas is admitted pro hac vice as counsel for Defendant Kentucky Students for Affordable Tuition in the above-styled action. Signed by Judge Gregory F. Van Tatenhove on 9/5/2025. (JJ)cc: COR (Entered: 09/05/2025)

MOTION for Leave to File by Public Justice (Attachments: # 1 Attachment Proposed Amicus Brief, # 2 Proposed Order)(Shapiro, Corey) (Entered: 09/05/2025)

1 Attachment Proposed Amicus Brief

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2 Proposed Order

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Amicus Curiae Brief entered by Public Justice. Filed per 35 Order entered 9/25/25. (JJ) (Entered: 09/26/2025)

Notice for Attorney to Request E-Filing Privileges

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Susana Sandoval Vargas: re 29 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Susana Sandoval Vargas (JJ)

MOTION for Shelby Leighton to Appear Pro Hac Vice by Public Justice ( Filing fee $125; receipt number AKYEDC-6180660) (Attachments: # 1 Exhibit Declaration of Leighton, # 2 Proposed Order Granting PHV)(Baxter, Bethany) (Entered: 09/08/2025)

Attorney Update. Attorney Shelby Leighton for Public Justice added. (CBD)

Add and Terminate Attorneys

MOTION for Sean Ouellette to Appear Pro Hac Vice by Public Justice ( Filing fee $125; receipt number AKYEDC-6183044) (Attachments: # 1 Exhibit A, Ouellette Declaration, # 2 Proposed Order Proposed Order)(Baxter, Bethany) (Entered: 09/10/2025)

ORDER: 1. The Public Justice's Motion for Admission Pro Hac Vice [R. 31 ] is GRANTED; and 2. Attorney Shelby Leighton is admitted pro hac vice as counsel for Public Justice in the above-styled action; 3. The Public Justice's Motion for Admission Pro Hac Vice [R. 32 ] is GRANTED; and 4. Attorney Sean Ouellette is admitted pro hac vice as counsel for Public Justice in the above-styled action. Signed by Judge Gregory F. Van Tatenhove on 9/11/2025. (JJ)cc: COR (Entered: 09/11/2025)

BAR STATUS Check completed as to Sean Ouellette re 32 MOTION for Sean Ouellette to Appear Pro Hac Vice by Public Justice . (CBD)

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 32 MOTION for Sean Ouellette to Appear Pro Hac Vice by Public Justice (CBD)

BAR STATUS Check completed as to Shelby Leighton re 31 MOTION for Shelby Leighton to Appear Pro Hac Vice by Public Justice (CBD)

Bar Status Check completed

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 31 MOTION for Shelby Leighton to Appear Pro Hac Vice by Public Justice (CBD)

Motion Submitted

Notice for Attorney to Request E-Filing Privileges

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Shelby Leighton & Sean Ouellette: re 33 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Shelby Leighton & Sean Ouellette (JJ)

RESPONSE in Opposition re 27 MOTION to Intervene by Kentucky Students for Affordable Tuition filed by USA. (Restrepo, Luz) (Entered: 09/12/2025)

ORDER: It is hereby ORDERED that the motion for leave to file an amicus curiae brief [R. 30 ] is GRANTED. The amicus brief tendered by Public Justice [R. 30 -1] is deemed filed on the date it was received by the Court and the Clerk of the Court is directed to file the tendered amicus brief in the record. Signed by Judge Gregory F. Van Tatenhove on 9/25/2025.(JJ)cc: COR (Entered: 09/26/2025)

REPLY to Response to Motion re 27 MOTION to Intervene by Kentucky Students for Affordable Tuition filed by Kentucky Students for Affordable Tuition. (Alden, Olivia) (Entered: 09/26/2025)

***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 27 MOTION to Intervene by Kentucky Students for Affordable Tuition (CBD)