Case: Council for Opportunity in Education v. U.S. Department of Education

Council for Opportunity in Education v. U.S. Department of Education et al.

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11992360) filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Education, # 3 Summons Linda McMahon (Secretary of Education), # 4 Summons Pamela Bondi (Attorney General), # 5 Summons Jeanine Pirro (Interim U.S. Attorney))(Rust, Jayna) (Attachment 1 replaced on 9/30/2025) (znmw). Modified defendants on 9/30/2025 (znmw). (Attachment 1 replaced on 9/30/2025) (znmw). (Entered: 09/30/2025)

1 Civil Cover Sheet

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2 Summons U.S. Department of Education

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3 Summons Linda McMahon (Secretary of Education)

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4 Summons Pamela Bondi (Attorney General)

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5 Summons Jeanine Pirro (Interim U.S. Attorney)

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MOTION for Preliminary Injunction by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Exhibit 1 - Jones, # 2 Exhibit 2-A - Postel, # 3 Exhibit 2-B, # 4 Exhibit 2-C, # 5 Exhibit 2-D, # 6 Exhibit 2-E+, # 7 Exhibit 3 - Guadarrama (STEM), # 8 Exhibit 3-1 - Guadarrama (classic), # 9 Exhibit 4 - Greer, # 10 Text of Proposed Order)(Rust, Jayna) Modified event on 9/30/2025 (znmw). (Entered: 09/30/2025)

SUMMONS (4) Issued Electronically as to LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 09/30/2025)

Case Assigned/Reassigned

Case Assigned to Judge Tanya S. Chutkan. (znmw)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COUNCIL FOR OPPORTUNITY IN EDUCATION (Rust, Jayna) (Entered: 10/01/2025)

ENTERED IN ERROR.....LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COUNCIL FOR OPPORTUNITY IN EDUCATION (Rust, Jayna) Modified on 10/1/2025 (zjm). (Entered: 10/01/2025)

Notice of Error

NOTICE OF ERROR regarding 5 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests. The following error(s) need correction: Incorrect court case number. Please refile in correct case. (zjm)

NOTICE of Appearance by Heather D. Graham-Oliver on behalf of LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Graham-Oliver, Heather) (Entered: 10/02/2025)

MINUTE ORDER: In light of Plaintiff's 2 Preliminary Injunction Motion, the parties shall confer and file a Joint Status Report by Monday, October 6, 2025, detailing their preferred date and time for a hearing, a briefing schedule, and whether Case No. 25-cv-3514 should be consolidated with this case as the lead case. Signed by Judge Tanya S. Chutkan on 10/3/2025. (lcdh)

.Order AND ~Util - Set/Reset Deadlines

Order

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brandt P. Hill, Filing fee $ 100, receipt number ADCDC-12004398. Fee Status: Fee Paid. by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Declaration, # 2 Supplement List for Question #4, # 3 Exhibit Certificate of Good Standing, # 4 Text of Proposed Order)(Rust, Jayna) (Attachment 1 replaced on 10/8/2025) (zjm). (Entered: 10/05/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lorrie L. Hargrove, Filing fee $ 100, receipt number ADCDC-12004399. Fee Status: Fee Paid. by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Rust, Jayna) (Attachment 1 replaced on 10/8/2025) (zjm). (Entered: 10/05/2025)

Joint STATUS REPORT by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Graham-Oliver, Heather) (Entered: 10/06/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER: Plaintiff's 7 Motion for Leave to Appear Pro Hac Vice is GRANTED. Brandt P. Hill is hereby admitted pro hac vice to represent Plaintiff in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Tanya S. Chutkan on 10/8/2025. (lcsm)

MINUTE ORDER: Plaintiff's 8 Motion for Leave to Appear Pro Hac Vice is GRANTED. Lorrie L. Hargrove is hereby admitted pro hac vice to represent Plaintiff in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Tanya S. Chutkan on 10/8/2025. (lcsm)

Scheduling Order

MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, the court sets the following deadlines: Defendants' Response to Plaintiff's 2 Motion for a Preliminary Injunction is due by 10/31/2025. Plaintiff's Reply, if any, is due no later than 14 days after Defendants file their Response. The court will not order consolidation of 25-cv-3514 and 25-cv-3491 at this time, but it will consider doing so if Defendants file a formal request on the docket. The court will nonetheless permit Defendants to submit a consolidated Response. Signed by Judge Tanya S. Chutkan on 10/10/2025. (lcsm)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/3/25. (Rust, Jayna) (Entered: 10/14/2025)

NOTICE of Appearance by Brandt P. Hill on behalf of COUNCIL FOR OPPORTUNITY IN EDUCATION (Hill, Brandt) (Entered: 10/15/2025)

MOTION for Extension of Time to File Response/Reply by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Graham-Oliver, Heather) (Entered: 10/27/2025)

AMICUS BRIEF of Amici States in Support of Plaintiff Council for Opportunity in Education's Motion for Preliminary Injunction by STATE OF NEVADA. (Ireland, Kiel) (Entered: 10/27/2025)

MINUTE ORDER: Defendants' 12 Motion for Extension of Time to File Response/Reply to Plaintiff's 2 Motion for Preliminary Injunction is GRANTED in part and DENIED in part. Defendants' Response is due by 11/10/2025. Plaintiff's Reply, if any, is due no later than 14 days after Defendants file their Response. Signed by Judge Tanya S. Chutkan on 10/28/2025. (lcsm)

Order on Motion for Extension of Time to File Response/Reply

NOTICE of Appearance by Lorrie Hargrove on behalf of COUNCIL FOR OPPORTUNITY IN EDUCATION (Hargrove, Lorrie) (Entered: 10/29/2025)

MOTION to Dismiss by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Graham-Oliver, Heather) (Entered: 11/10/2025)

RESPONSE re 2 MOTION for Preliminary Injunction filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Graham-Oliver, Heather) (Entered: 11/10/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 11/14/2025 (Hill, Brandt) Modified party served on 11/19/2025 (znmw). (Entered: 11/18/2025)

REPLY to opposition to motion re 2 Motion for Preliminary Injunction, filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Rust, Jayna) (Entered: 11/24/2025)

RESPONSE re 15 MOTION to Dismiss filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Rust, Jayna) (Entered: 11/24/2025)

MOTION for Extension of Time to File Response/Reply by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Graham-Oliver, Heather) (Entered: 11/26/2025)

Memorandum in opposition to re 20 MOTION for Extension of Time to File Response/Reply filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Text of Proposed Order Proposed Order)(Hill, Brandt) (Entered: 11/27/2025)

MINUTE ORDER: Defendants' 20 Motion for Extension of Time to File Response/Reply is GRANTED in part and DENIED in part. Defendants' Reply in support of their 15 Motion to Dismiss is due by 12/5/2025. Signed by Judge Tanya S. Chutkan on 12/1/2025. (lcsm)

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

NOTICE of Hearing on Motion 2 MOTION for Preliminary Injunction : Motion Hearing set for 12/15/2025 at 1:30 PM in Courtroom 9- In Person before Judge Tanya S. Chutkan. (zcll)

Notice of Hearing on Motion

REPLY to opposition to motion re 15 Motion to Dismiss filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Declaration Steven Byrd, # 2 Exhibit Attachment A)(Graham-Oliver, Heather) (Entered: 12/05/2025)

MINUTE ORDER: The Court will provide access for the public to telephonically attend the motion hearing, scheduled for December 15th, 2025 at 1:30PM. The hearing can be accessed through dialing the Toll Free Number: 833-990-9400, Meeting ID: 493633106. It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 12/10/2025. (zcll)

.Order

Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 12/15/2025 re 2 MOTION for Preliminary Injunction filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. The Court consolidates cases: 25-CV-3491 & 25-CV-3514. The lead case is 25-CV-3491. Defendants Supplemental Briefing due by 5:00PM on 12/22/2025. Court Reporter Elizabeth Davila. (zcll)

Motion Hearing AND ~Util - Set/Reset Deadlines

Cases Consolidated: The following cases have been consolidated with this case: 25cv3514 pursuant to 12/15/2025 Minute Entry. From this date forward, all pleadings shall be filed ONLY in this case. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (znmw)

Remark

NOTICE of Proposed Order provided pursuant to request to update during 12/15/2025 hearing, which request was orally approved, by COUNCIL FOR OPPORTUNITY IN EDUCATION re 2 MOTION for Preliminary Injunction (Attachments: # 1 Text of Proposed Order)(Rust, Jayna) (Entered: 12/16/2025)

Remark- Consolidation

TRANSCRIPT OF PROCEEDINGS before Judge Tanya S. Chutkan, held on 12-15-2025; Page Numbers: 1 - 68. Date of Issuance: 12-20-2025. Court Reporter: Elizabeth Davila, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/10/2026. Redacted Transcript Deadline set for 1/20/2026. Release of Transcript Restriction set for 3/20/2026.(Davila, Elizabeth) (Entered: 12/20/2025)

NOTICE of Filing by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Attachments: # 1 Declaration)(Graham-Oliver, Heather) (Entered: 12/22/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY by COUNCIL FOR OPPORTUNITY IN EDUCATION (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Hill, Brandt) (Entered: 12/22/2025)

NOTICE TO COURT OF DEFENDANTS' RESERVATION OF FUNDS by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Graham-Oliver, Heather) (Entered: 12/23/2025)

MEMORANDUM OPINION re: Plaintiff's 2 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 1/16/26. (lcsm) (Entered: 01/16/2026)

ORDER: Plaintiff's 2 Motion for Preliminary Injunction is GRANTED. See Order for further details. Signed by Judge Tanya S. Chutkan on 1/16/2026. (lcsm) (Entered: 01/16/2026)

Set/Reset Deadlines

Set/Reset Deadlines: Defendant's Status Report due by 1/30/2026. Plaintiff's Motion to modify, if any, due by 2/1/2026. (zcll)

NOTICE of Appearance by Stephanie R. Johnson on behalf of LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Johnson, Stephanie) (Entered: 01/30/2026)

STATUS REPORT by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C)(Johnson, Stephanie) (Entered: 01/30/2026)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by COUNCIL FOR OPPORTUNITY IN EDUCATION (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33, # 34 Exhibit Exhibit 34, # 35 Exhibit Exhibit 35, # 36 Exhibit Exhibit 36, # 37 Exhibit Exhibit 37, # 38 Exhibit Exhibit 38, # 39 Exhibit Exhibit 39, # 40 Exhibit Exhibit 40, # 41 Exhibit Exhibit 41, # 42 Exhibit Exhibit 42, # 43 Exhibit Exhibit 43, # 44 Exhibit Exhibit 44, # 45 Exhibit Exhibit 45, # 46 Exhibit Exhibit 46, # 47 Exhibit Exhibit 47, # 48 Exhibit Exhibit 48, # 49 Exhibit Exhibit 49, # 50 Exhibit Exhibit 50, # 51 Exhibit Exhibit 51, # 52 Exhibit Exhibit 52, # 53 Text of Proposed Order Proposed Order)(Rust, Jayna) (Entered: 02/01/2026)

MOTION to Modify Order (Docket Nos. 22 and 23) by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Exhibit 1 - REDACTED, # 2 Exhibit 2 - REDACTED, # 3 Exhibit 3 - REDACTED, # 4 Exhibit 4 - REDACTED, # 5 Exhibit 5 - REDACTED, # 6 Exhibit 6 - REDACTED, # 7 Exhibit 7 - REDACTED, # 8 Exhibit 8 - REDACTED, # 9 Exhibit 9 - REDACTED, # 10 Exhibit 10 - REDACTED, # 11 Exhibit 11 - REDACTED, # 12 Exhibit 12 - REDACTED, # 13 Exhibit 13 - REDACTED, # 14 Exhibit 14 - REDACTED, # 15 Exhibit 15 - REDACTED, # 16 Exhibit 16 - REDACTED, # 17 Exhibit 17 - REDACTED, # 18 Exhibit 18 - REDACTED, # 19 Exhibit 19 - REDACTED, # 20 Exhibit 20 - REDACTED, # 21 Exhibit 21 - REDACTED, # 22 Exhibit 22 - REDACTED, # 23 Exhibit 23 - REDACTED, # 24 Exhibit 24 - REDACTED, # 25 Exhibit 25 - REDACTED, # 26 Exhibit 26 - REDACTED, # 27 Exhibit 27 - REDACTED, # 28 Exhibit 28 - REDACTED, # 29 Exhibit 29 - REDACTED, # 30 Exhibit 30 - REDACTED, # 31 Exhibit 31 - REDACTED, # 32 Exhibit 32 - REDACTED, # 33 Exhibit 33 - REDACTED, # 34 Exhibit 34 - REDACTED, # 35 Exhibit 35 - REDACTED, # 36 Exhibit 36 - REDACTED, # 37 Exhibit 37 - REDACTED, # 38 Exhibit 38 - REDACTED, # 39 Exhibit 39 - REDACTED, # 40 Exhibit 40 - REDACTED, # 41 Exhibit 41 - REDACTED, # 42 Exhibit 42 - REDACTED, # 43 Exhibit 43 - REDACTED, # 44 Exhibit 44 - REDACTED, # 45 Exhibit 45 - REDACTED, # 46 Exhibit 46 - REDACTED, # 47 Exhibit 47 - REDACTED, # 48 Exhibit 48 - REDACTED, # 49 Exhibit 49 - REDACTED, # 50 Exhibit 50 - REDACTED, # 51 Exhibit 51 - REDACTED, # 52 Exhibit 52 - REDACTED, # 53 Text of Proposed Order Proposed Order)(Rust, Jayna) (Entered: 02/01/2026)

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53 Text of Proposed Order Proposed Order

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MOTION for Extension of Time to File Response/Reply as to 32 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by COUNCIL FOR OPPORTUNITY IN EDUCATION (This document is SEALED and only available to authorized persons.), 33 MOTION to Modify Order (Docket Nos. 22 and 23) by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Graham-Oliver, Heather) (Entered: 02/17/2026)

Memorandum in opposition to re 32 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by COUNCIL FOR OPPORTUNITY IN EDUCATION (This document is SEALED and only available to authorized persons.), 33 MOTION to Modify Order (Docket Nos. 22 and 23) filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Johnson, Stephanie) (Entered: 02/18/2026)

MINUTE ORDER: Defendants' 34 Motion for Extension of Time is GRANTED for good cause shown. Defendants' Response to Plaintiff's 32 and 33 Motions is due no later than February 18, 2026. Signed by Judge Tanya S. Chutkan on 2/18/2026. (lcsm)

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

REPLY to opposition to motion re 32 Sealed Motion for Leave to File Document Under Seal,,,,,, 33 Motion to Modify,,,,,, filed by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Hill, Brandt) (Entered: 02/24/2026)

STATUS REPORT by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Johnson, Stephanie) (Entered: 03/09/2026)

NOTICE OF SUPPLEMENTAL AUTHORITY by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Graham-Oliver, Heather) (Entered: 03/24/2026)

STATUS REPORT Response to Status Report by COUNCIL FOR OPPORTUNITY IN EDUCATION. (Attachments: # 1 Exhibit Reconsideration Decisions)(Hill, Brandt) (Entered: 03/24/2026)

1 Exhibit Reconsideration Decisions

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.Order AND ~Util - Set/Reset Deadlines

Notice of Proposed Order

Order on Motion to Modify AND Set/Reset Deadlines