Case: Fairfax County School Board v. McMahon

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Fourth Circuit

Sandra Battle & T.E. Wheeler

Catherine E. Lhamon and Vanita Gupta

United States Department of Education

Complaint Against Linda McMahon, in her official capacity as U.S. Secretary of Education and the U.S. Department of Education ( Filing fee $ 405, receipt number AVAEDC-10428636.), filed by Fairfax County School Board. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(Heaphy, Timothy) (Entered: 08/29/2025)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Fairfax County School Board. (Attachments: # 1 Proposed Order)(Heaphy, Timothy) (Entered: 08/29/2025)

1 Proposed Order

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Memorandum in Support re 2 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Fairfax County School Board. (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)(Heaphy, Timothy) (Entered: 08/29/2025)

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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Proposed Summons (Bill Kirk) by Fairfax County School Board (Heaphy, Timothy) (Entered: 08/29/2025)

Proposed Summons (Erik S. Siebert) by Fairfax County School Board (Heaphy, Timothy) (Entered: 08/29/2025)

Proposed Summons (Linda McMahon) by Fairfax County School Board (Heaphy, Timothy) (Entered: 08/29/2025)

Proposed Summons (Pamela Bondi) by Fairfax County School Board (Heaphy, Timothy) (Entered: 08/29/2025)

NOTICE of Appearance by Timothy John Heaphy on behalf of Fairfax County School Board (Heaphy, Timothy) (Entered: 08/29/2025)

Motion to appear Pro Hac Vice by Breanna Smith-Bonsu and Certification of Local Counsel Timothy Heaphy Filing fee $ 75, receipt number AVAEDC-10429170. by Fairfax County School Board. (Heaphy, Timothy) (Entered: 08/29/2025)

Motion to appear Pro Hac Vice by Chloe Wehnonah Smeltzer and Certification of Local Counsel Timothy Heaphy Filing fee $ 75, receipt number AVAEDC-10429189. by Fairfax County School Board. (Heaphy, Timothy) (Entered: 08/29/2025)

Motion to appear Pro Hac Vice by Fiona Louise Carroll and Certification of Local Counsel Timothy Heaphy Filing fee $ 75, receipt number AVAEDC-10429210. by Fairfax County School Board. (Heaphy, Timothy) (Entered: 08/29/2025)

Motion to appear Pro Hac Vice by Joshua Nathaniel Mitchell and Certification of Local Counsel Timothy Heaphy Filing fee $ 75, receipt number AVAEDC-10429216. by Fairfax County School Board. (Heaphy, Timothy) (Entered: 08/29/2025)

Motion to appear Pro Hac Vice by Lindsay Hemminger and Certification of Local Counsel Timothy Heaphy Filing fee $ 75, receipt number AVAEDC-10429222. by Fairfax County School Board. (Heaphy, Timothy) (Entered: 08/29/2025)

Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge Lindsey R. Vaala. (swil)

Initial Case Assignment to District Judge Rossie D. Alston, Jr. and Magistrate Judge Lindsey R. Vaala. (swil)

Motion Hearing set for 9/3/2025 at 09:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. as to 2 MOTION for Preliminary Injunction. (jlan)

Motion Hearing set for 9/3/2025 at 09:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. as to 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order (jlan) Modified on 9/2/2025 (triv).

Summons Issued as to Linda McMahon, United States Department of Education, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney) (triv) (Entered: 09/02/2025)

NOTICE of Forthcoming Response to Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunctionby Linda McMahon, United States Department of Education. (Mezger, Matthew) Modified on 9/2/2025 (triv) (Entered: 09/02/2025)

Declaration in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order by Fairfax County School Board. (Heaphy, Timothy) Modified on 9/2/2025 (triv). (Entered: 09/02/2025)

MOTION for Leave of Court to File Brief of Amicus Curiae by America First Legal Foundation. (Attachments: # 1 Proposed Order, # 2 Proposed Brief of Amicus Curiae, # 3 Exhibit A, # 4 Exhibit B, # 5 Rule 7.1 Disclosure)(Block, Andrew) Modified on 9/3/2025 (triv). (Entered: 09/02/2025)

NOTICE of Appearance by Abhishek Kambli on behalf of Linda McMahon, United States Department of Education (Kambli, Abhishek) (Entered: 09/02/2025)

Memorandum of Law in Opposition in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order filed by Linda McMahon, United States Department of Education. (Attachments: # 1 Exhibit DEX 1)(Mezger, Matthew) Modified on 9/3/2025 (triv). (Entered: 09/02/2025)

NOTICE of Appearance by Matthew J. Mezger on behalf of Linda McMahon, United States Department of Education (Mezger, Matthew) (Entered: 09/02/2025)

Waiver of Oral Argument in re 17 MOTION for Leave of Court to File Brief of Amicus Curiae by America First Legal Foundation (Block, Andrew) Modified on 9/3/2025 (triv). (Entered: 09/03/2025)

Minute Entry for proceedings held before District Judge Rossie D. Alston, Jr: Motion Hearing held on 9/3/2025. Appearance of counsel. Matter on for 2 Emergency Motion for Preliminary Injunction and/or Temporary Restraining Order. 12 Motion to appear Pro Hac Vice by Joshua Nathaniel Mitchell - Granted. 9 Motion to appear Pro Hac Vice by Breanna Smith-Bonsu - Granted. 2 Motion for Preliminary Injunction and/or Temporary Restraining Order argued and taken under advisement. (Court Reporter: T. Harris.)(tarm) (Entered: 09/03/2025)

ORDER granting 9 Motion for Pro hac vice Appointed Breanna Smith-Bonsu for Fairfax County School Board. Signed by District Judge Rossie D. Alston, Jr on 9/3/2025. (swil) (Entered: 09/03/2025)

ORDER granting 12 Motion for Pro hac vice Appointed Joshua Nathaniel Mitchell for Fairfax County School Board. Signed by District Judge Rossie D. Alston, Jr on 9/3/2025. (swil) (Entered: 09/03/2025)

NOTICE of Appearance by Garry D. Hartlieb on behalf of Linda McMahon, United States Department of Education (Hartlieb, Garry) (Entered: 09/03/2025)

NOTICE Regarding Factual Background by Linda McMahon, United States Department of Education (Mezger, Matthew) Modified on 9/4/2025 (triv). (Entered: 09/03/2025)

Notice of Correction in re 17 MOTION for Leave to File Brief of Amicus Curiae. The filing user is notified to file a Notice of Hearing Date or a Waiver of Oral Argument. (triv)

REPLY in Support in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order filed by Fairfax County School Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Heaphy, Timothy) Modified on 9/4/2025 (triv). (Entered: 09/04/2025)

ORDER that Plaintiffs' 2 Emergency Motions for Preliminary Injunction and/or Temporary Restraining Order are DENIED; and it is FURTHER ORDERED that the Complaints are DISMISSED WITHOUT PREJUDICE; and it is FURTHER ORDERED that the 17 Motion for Leave to File Brief of Amicus Curiae is DENIED. Signed by District Judge Rossie D. Alston, Jr on 9/5/2025. (tarm) (Entered: 09/05/2025)

SUMMONS Returned Executed by Fairfax County School Board. U.S. Attorney served on 9/3/2025, answer due 11/3/2025; Linda McMahon served on 9/3/2025; United States Department of Education served on 9/3/2025; U.S. Attorney General served on 9/3/2025. (Heaphy, Timothy) Modified on 9/10/2025 (triv). (Entered: 09/09/2025)

NOTICE OF APPEAL as to 28 ORDER, by Fairfax County School Board. Filing Fee $605, receipt number AVAEDC-10453080. (Heaphy, Timothy) (Entered: 09/09/2025)

Transmission of Notice of Appeal to US Court of Appeals in re 30 NOTICE OF APPEAL (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (triv) (Entered: 09/10/2025)

USCA 4th Circuit Case Number 25-2087, Case Manager K. Hancock as to 30 NOTICE OF APPEAL, filed by Fairfax County School Board. (triv) (Entered: 09/11/2025)

TRANSCRIPT of proceedings held on 9/3/2025, before Judge R. Alston, Court Reporter/Transcriber Tonia Harris, Telephone number 703-646-1438. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 10/15/2025. Redacted Transcript Deadline set for 11/17/2025. Release of Transcript Restriction set for 12/15/2025.(harris, tonia) (Entered: 09/15/2025)

ORDER of USCA as to 30 NOTICE OF APPEAL. Upon consideration of submissions relative to appellants emergency motion for injunction pending appeal, the court denies the motion. Entered at the direction of Chief Judge Diaz with the concurrence of Judge Richardson and Judge Rushing. (triv) (Entered: 10/02/2025)

ORDER of USCA as to 30 NOTICE OF APPEAL. For reasons appearing to the court, the court consolidates case No. 25-2087 with case No. 25-2107. Upon consideration of submissions relative to appellants motion to expedite appeal, the court grants the motion. (triv) (Entered: 10/10/2025)

ORDER of USCA as to 30 Notice of Appeal. The court grants the motion to withdraw from further representation on appeal. (wgar, ) (Entered: 12/31/2025)

ORDER of USCA as to 30 Notice of Appeal filed by Fairfax County School Board. The court grants the motions to withdraw from further representation on appeal. (dvanm) Modified to correct text on 1/14/2026 (dvanm). (Entered: 01/13/2026)

ORDER of USCA as to 30 Notice of Appeal filed by Fairfax County School. This case is scheduled for oral argument on January 29, 2026. Upon consideration of the proposed intervenors motion to intervene, the court denies the motion. (Sbro, ) (Entered: 01/16/2026)

ORDER of USCA as to 30 Notice of Appeal filed by Fairfax County School Board. The court grants the motion to withdraw from further representation on appeal. (Sbro, ) (Entered: 01/28/2026)

ORDER of USCA as to 30 Notice of Appeal filed by Fairfax County School Board: The court grants the motion to withdraw from further representation on appeal. (dzir) (Entered: 05/18/2026)