Case: State of New York v. Noem

U.S. District Court for the Eastern District of New York

FILING ERROR - DEFICIENT PLEADING - PDF ERROR - COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number BNYSDC-31790125)Document filed by STATE OF NEW YORK. (Attachments: # 1 Exhibit Exhibit 1 to Complaint).(Muqaddam, Rabia) Modified on 10/1/2025 (pc). (Entered: 09/30/2025)

1 Exhibit Exhibit 1 to Complaint

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EMERGENCY MOTION for Temporary Restraining Order By the State of New York. Document filed by STATE OF NEW YORK..(Muqaddam, Rabia) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 09/30/2025)

AFFIRMATION of Rabia Muqaddam in Support re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York.. Document filed by STATE OF NEW YORK. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5).(Muqaddam, Rabia) (Entered: 09/30/2025)

1

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2

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3

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PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by STATE OF NEW YORK. Related Document Number: 2 ..(Muqaddam, Rabia) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 09/30/2025)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint. Document filed by STATE OF NEW YORK..(Muqaddam, Rabia) Modified on 10/1/2025 (pc). (Entered: 09/30/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Federal Emergency Management Agency, re: 1 Complaint. Document filed by STATE OF NEW YORK..(Muqaddam, Rabia) (Entered: 09/30/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: 1 Complaint. Document filed by STATE OF NEW YORK..(Muqaddam, Rabia) (Entered: 09/30/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to David Richardson, re: 1 Complaint. Document filed by STATE OF NEW YORK..(Muqaddam, Rabia) (Entered: 09/30/2025)

CIVIL COVER SHEET filed..(Muqaddam, Rabia) (Entered: 09/30/2025)

NOTICE OF APPEARANCE by Stephen Christopher Thompson on behalf of STATE OF NEW YORK..(Thompson, Stephen) (Entered: 10/01/2025)

COMPLAINT against David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security. (Filing Fee $ 405.00, Receipt Number ANYSDC-31790969)Document filed by State Of New York. (Attachments: # 1 Exhibit 1).(Muqaddam, Rabia) (Entered: 10/01/2025)

1 Exhibit 1

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TEMPORARY RESTRAINING ORDER granting 2 Motion for TRO. It is hereby ORDERED, that defendants, their officers, agents, servants, employees, and attorneys, and all other persons who are in active concert or participation with and of the foregoing and who receive actual notice of this order by personal service or otherwise, be and they hereby are ENJOINED AND RESTRAINED from Obligating, or Disbursing, processing, returning to the U.S. Treasury, or otherwise making unavailable to plaintiff by any means in either case, more than $49,801,500 of the $83,700,000 that (a) Congress appropriated for the Federal Emergency Management Agency ("FEMA") in Title III of Pub. L. 118-47, 138 Stat.460, 607 (Mar. 23, 2024) for the fiscal year that commenced on October 1, 2024, and Pub. L. 119-4 § 1101, for Federal assistance through grants, contracts, cooperative agreements, and other activities, and (b) was slated by the Department of Homeland Security ("DHS") for the Rail and Transit Security Grant Program (the "TSGP"), and it is further ORDERED as follows: Unless otherwise ordered, this TRO shall expire at 11:59 p.m. on October 15, 2025. The continuation of this TRO past October 3, 2025 shall be conditioned on plaintiff posting a bond or other security in the amount of ten dollars. Defendants' papers in opposition to the plaintiff's motion for a preliminary injunction and plaintiff's reply papers shall be filed no later than 4 p.m. on October 6, 2025 and October 8, 2025, respectively. Unless otherwise ordered the Court will hear argument on that motion on October 9, 2025 at 11 a.m.(Signed by Judge Lewis A. Kaplan on 10/1/25) (yv) (Entered: 10/01/2025)

Notice to Attorney Regarding Case Opening Statistical Error Correction

Notice to Court Regarding Proposed Order

Notice to Attorney Regarding Party Modification

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Notice to Attorney Regarding Deficient Pleading

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Magistrate Judge Henry J. Ricardo 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. (pc)

Case Designated ECF. (pc)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rabia Claire Muqaddam to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the All Defendant radio button was selected; caption title reads Eastern District of New York. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 10/6/2025. (pc)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rabia Claire Muqaddam to RE-FILE Document No. 7 Request for Issuance of Summons, 5 Request for Issuance of Summons, 8 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rabia Claire Muqaddam. The party information for the following party/parties has been modified: Kristi Noem, DEPARTMENT OF HOMELAND SECURITY, STATE OF NEW YORK, David Richardson, Federal Emergency Management Agency. The information for the party/parties has been modified for the following reason/reasons: party name contained a typo, party name was entered in all caps; party text was omitted;. (pc)

***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 4 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rabia Claire Muqaddam. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc)

Show Cause Hearing set for 10/1/2025 at 02:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Mohan, Andrew)

Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held on 10/1/2025 re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York. filed by State Of New York. Motion for a TRO granted. See written order. (Court Reporter Doug Colavito) (Mohan, Andrew)

Set/Reset Deadlines: ( Responses due by 10/6/2025, Replies due by 10/6/2025.), Set/Reset Hearings:( Oral Argument set for 10/9/2025 at 11:00 AM before Judge Lewis A. Kaplan.) (yv)

Transmission to Finance Unit (Cashiers). Transmitted re: 12 Order on Motion for TRO, to the Finance Unit (Cashiers) for case processing.(yv)

FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 11 Complaint,. Document filed by State Of New York..(Thompson, Stephen) Modified on 10/3/2025 (jgo). (Entered: 10/02/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Federal Emergency Management Agency, re: 11 Complaint,. Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/02/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: 11 Complaint,. Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/02/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to David Richardson, re: 11 Complaint,. Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/02/2025)

CASHIERS OFFICE REGISTRY DEPOSIT as per 12 Order on Motion for TRO, dated 10/01/2025, from Judge Lewis A. Kaplan, received $10.00 from STATE OF NEW YORK Receipt Number 43617 on 10/2/2025..(bwi)

Cashiers Registry Deposit

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security..(Oestericher, Jeffrey) (Entered: 10/03/2025)

ELECTRONIC SUMMONS ISSUED as to David Richardson..(jgo) (Entered: 10/03/2025)

ELECTRONIC SUMMONS ISSUED as to Federal Emergency Management Agency..(jgo) (Entered: 10/03/2025)

ELECTRONIC SUMMONS ISSUED as to Kristi Noem..(jgo) (Entered: 10/03/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 11 Complaint,. Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/03/2025)

Notice to Attorney Regarding Deficient Request for Issuance of Summons

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stephen Christopher Thompson to RE-FILE Document No. 13 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name listed on the PDF 'To' field must match exactly as it appears on the pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)

ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (vf) (Entered: 10/06/2025)

CERTIFICATE OF SERVICE of Summons and Complaint, served. David Richardson served on 10/6/2025, answer due 12/5/2025; Federal Emergency Management Agency served on 10/6/2025, answer due 12/5/2025; Kristi Noem served on 10/6/2025, answer due 12/5/2025; United States Department of Homeland Security served on 10/6/2025, answer due 12/5/2025. Service was made by Mail. Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/06/2025)

DECLARATION of David Arnold in Opposition re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York.. Document filed by David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security..(Oestericher, Jeffrey) (Entered: 10/06/2025)

MEMORANDUM OF LAW in Opposition re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York. . Document filed by David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security..(Oestericher, Jeffrey) (Entered: 10/06/2025)

NOTICE OF APPEARANCE by Jamison Michael Isaac Davies on behalf of CITY OF NEW YORK..(Davies, Jamison) (Entered: 10/07/2025)

FIRST MOTION to File Amicus Brief . Document filed by CITY OF NEW YORK. (Attachments: # 1 Exhibit Proposed Amicus Brief).(Davies, Jamison) (Entered: 10/07/2025)

REPLY MEMORANDUM OF LAW in Support re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York. . Document filed by State Of New York..(Thompson, Stephen) (Entered: 10/08/2025)

MEMO ENDORSED ORDER granting 27 Motion to File Amicus Brief. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/8/25) (yv) (Entered: 10/08/2025)

NOTICE OF APPEARANCE by Julie Dona on behalf of State Of New York..(Dona, Julie) (Entered: 10/09/2025)

LETTER addressed to Judge Lewis A. Kaplan from AUSA Jeffrey Oestericher dated 10/09/2025 re: Consolidation of the PI Hearing with a Trial on the Merits. Document filed by David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security..(Oestericher, Jeffrey) (Entered: 10/09/2025)

Oral Argument

Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held on 10/9/2025 re: 2 EMERGENCY MOTION for Temporary Restraining Order By the State of New York. filed by State Of New York. (Court Reporter Carly Davis) (Mohan, Andrew)

MEMO ENDORSEMENT on re: 31 Letter Consolidation of the PI Hearing with a Trial on the Merits, filed by Federal Emergency Management Agency, David Richardson, Kristi Noem, United States Department of Homeland Security. ENDORSEMENT : The Court appreciates the government's letter. Nevertheless, it is not entirely responsive to the question requiring answer: "THE COURT: Well, it's up to the parties to decide what they want to put before me. My days as a trial lawyer are 31 years ago. "Are you prepared to have me try the case on the Existing record, and to whatever extent there may be inferences that need to be drawn one way or another, or credibility issues or anything like that, to make those findings on the present record?" Tr., 10/9/2025, at 17:16-23. The Court would be obliged for an answer today. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/10/25) (yv) (Entered: 10/10/2025)

LETTER addressed to Judge Lewis A. Kaplan from AUSA Jeffrey Oestericher dated 10/10/2025 re: Trying the Case Based on the Existing Record. Document filed by David Richardson, Federal Emergency Management Agency, Kristi Noem, United States Department of Homeland Security..(Oestericher, Jeffrey) (Entered: 10/10/2025)

ORDER Plaintiff's motion for a preliminaiy injunction is hereby consolidated with the trial on the merits and the case will be tried on the existing record, both with the consent of the parties. In order to afford adequate time to rule properly, the temporary restraining order entered herein on October 1, 2025 is hereby extended to and including October 22, 2025. (Signed by Judge Lewis A. Kaplan on 10/15/2025) (Mohan, Andrew) (Entered: 10/15/2025)

MEMORANDUM OPINION. The foregoing constitute the Courts findings of fact and conclusions of law. Plaintiff having applied for a preliminary and permanent injunction, the parties having consented to the Court ruling finally on plaintiffs first cause of action ("Violation of the Administrative Procedure Act Arbitrary and Capricious Agency Action"), and the Court having found that plaintiff has established (1) actual success on the merits of its claim, (2) irreparable harm, and (3) the balance of the equities and the public interest weigh in plaintiff's favor, it is hereby ORDERED as follows: 1.Plaintiff shall have judgment against defendants as reflected in the FINAL JUDGMENT OF PERMANENT INJUNCTION dated October 15, 2025. 2.The temporary restraining order entered herein on October 1, 2025, and extended earlier on October 15, 2025, is terminated upon entry of the FINAL JUDGMENT OF PERMANENT INJUNCTION. 3.The Clerk shall close the case. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/15/25) (yv) (Entered: 10/16/2025)

FINAL JUDGMENT AND PERMANENT INJUNCTION. It is hereby ORDERED, ADJUDGED AND DECREED "MTAFY2025 TSGP Grant" means $33,898,500 of the $83,700,000 that (a) Congress appropriated for the Federal Emergency Management Agency in Title III of Pub. L. 118-47, 138 Stat, 460, 607 (Mar. 23, 2024) and Pub. L. No. 119-4, § 1101(a)(6), 139 Stat. 9, 11 (Mar. 15, 2025), for FY 2025, for Federal assistance through grants, contracts, cooperative agreements, and other activities, and (b) was slated by the Department of Homeland Security for the Transit Security Grant Program. Defendants shall grant and obligate to the MTA the MTA FY 2025 TSGP Grant, and promptly disburse to the MTA all allowable costs for which the MTA seeks payment from the MTA FY 2025 TSGP Grant. This Final Judgment of Permanent Injunction binds each of the defendants and, in accordance with Federal Rule of Civil Procedure 65( d)(2), each of their officers, agents, servants, employees, and attorneys, and other persons who are in active concert and participation with any of the foregoing who receive actual notice hereof by personal service or otherwise. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/15/25) (yv) (Entered: 10/16/2025)