Case: Afterschool for Children and Teens (ACT) Now v. United States Department Of Education

Afterschool for Children and Teens now v. U.S. Department of Education

Afterschool for Children and Teens Now (Act Now) Coalition v. U.S. Department of Education

COMPLAINT filed by Afterschool for Children and Teens (ACT) Now; Filing fee $ 405, receipt number AILNDC-24522449. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet)(Chablani, Aneel) (Entered: 12/29/2025)

1 Civil Cover Sheet

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2 Civil Cover Sheet

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ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Aneel Lachman Chablani (Chablani, Aneel) (Entered: 12/29/2025)

Complaint Exhibits by Afterschool for Children and Teens (ACT) Now (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Declaration Merolli)(Chablani, Aneel) (Entered: 12/29/2025)

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2 Exhibit

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16 Declaration Merolli

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ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Beatriz Adriana Diaz-Pollack (Diaz-Pollack, Beatriz) (Entered: 12/29/2025)

MOTION by Plaintiff Afterschool for Children and Teens (ACT) Now for temporary restraining order (Attachments: # 1 Text of Proposed Order)(Chablani, Aneel) (Entered: 12/29/2025)

1 Text of Proposed Order

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MOTION by Plaintiff Afterschool for Children and Teens (ACT) Now for temporary restraining order Memorandum in Support of Motion (Attachments: # 1 Appendix, # 2 Declaration Merolli, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Chablani, Aneel) (Entered: 12/29/2025)

1 Appendix

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2 Declaration Merolli

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3 Exhibit

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CERTIFICATE of Service of Motion for Temporary Restraining Order by Aneel Lachman Chablani on behalf of All Plaintiffs regarding MOTION by Plaintiff Afterschool for Children and Teens (ACT) Now for temporary restraining order 5 (Chablani, Aneel) (Entered: 12/29/2025)

MOTION for Leave to Appear Pro Hac Vice on behalf of Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Emily Kiyoko Merolli; Filing fee $ 150, receipt number AILNDC-24524491. (Attachments: # 1 Affidavit)(Merolli, Emily) (Entered: 12/30/2025)

MOTION for Leave to Appear Pro Hac Vice on behalf of Afterschool for Children and Teens (ACT) Now by Jocelyn Eskow Skinner; Filing fee $ 150, receipt number AILNDC-24524552. (Attachments: # 1 Supplement)(Skinner, Jocelyn) (Entered: 12/30/2025)

MINUTE entry before the Honorable Thomas M. Durkin: Motions to appear pro hac vice 8 9 are granted. Mailed notice. (ecw, ) (Entered: 12/30/2025)

MINUTE entry before the Honorable Martha M. Pacold: This order is entered by Judge Pacold as Emergency Judge. Telephone emergency motion hearing on plaintiff's motion for temporary restraining order, 5, set for 12/31/2025 at 9:30 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 Court. Mailed notice. (lxk, ) (Entered: 12/30/2025)

DESIGNATION of Patrick Walter Johnson as U.S. Attorney for Defendants Linda McMahon, United States Department Of Education (Johnson, Patrick) (Entered: 12/30/2025)

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (lj, )

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (lj, )

MINUTE entry before the Honorable Martha M. Pacold: This order is entered by Judge Pacold as Emergency Judge. Telephone emergency motion hearing held on 12/31/2025. Plaintiffs' motion for temporary restraining order, 5, is denied for the reasons stated on the record. Telephone status hearing set for 1/6/2026 at 11:30 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 Court. Mailed notice. (lxk, ) (Entered: 12/31/2025)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) (Entered: 01/02/2026)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) (Entered: 01/05/2026)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Chablani, Aneel) (Entered: 01/06/2026)

SUMMONS Submitted (Court Participant) for defendant(s) United States Department of Education by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services (Skinner, Jocelyn) (Entered: 01/06/2026)

SUMMONS Submitted (Court Participant) for defendant(s) Linda McMahon by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services (Skinner, Jocelyn) (Entered: 01/06/2026)

SUMMONS Issued (Court Participant) as to Linda McMahon and United States Department Of Education (Attachments: # 1 summons)(axk, ) (Entered: 01/06/2026)

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 1/6/2026 and continued to 1/27/2026 at 9:20 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 Court. Mailed notice. (lxk, ) (Entered: 01/06/2026)

MINUTE entry before the Executive Committee: Case reassigned to the Honorable Martha M. Pacold for all further proceedings pursuant to Rule 13 of the Internal Operating Procedures of this Court (Like Kind Agreement IOP13). Mailed notice (Attachments: # 1 Request for Reassignment) (lj, ) (Entered: 01/07/2026)

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 1/27/2026. The parties report ongoing negotiations. Telephone status hearing is continued to 2/10/2026 at 9:40 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 Court. Mailed notice. (lxk, ) (Entered: 01/27/2026)

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 2/10/2026. The parties report ongoing negotiations. Telephone status hearing is continued to 2/17/2026 at 9:20 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 Court. Mailed notice. (lxk, ) (Entered: 02/10/2026)

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 2/17/2026. The parties report ongoing negotiations. Telephone status hearing is continued to 2/24/2026 at 9:30 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 Court. Mailed notice. (lxk, ) (Entered: 02/17/2026)

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 2/24/2026. The parties report ongoing negotiations. Telephone status hearing is continued to 3/5/2026 at 9:40 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 Court. Mailed notice. (lxk, ) (Entered: 02/24/2026)

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 3/5/2026. The parties report that they have reached an interim resolution through the end of the school year. Defendants' motion to dismiss to be filed by 3/16/2026. Plaintiffs shall file their response no later than 3/26/2026. Defendants shall file their reply no later than 3/31/2026. Oral argument set for 4/13/2026 at 11:00 a.m. in Courtroom 2325. Each party will be given 30 minutes to argue the motion. Mailed notice. (lxk, ) (Entered: 03/05/2026)

DESIGNATION of Thomas Cull as U.S. Attorney for Defendants Linda McMahon, United States Department Of Education (Cull, Thomas) (Entered: 03/16/2026)

MOTION by Defendants Linda McMahon, United States Department Of Education to dismiss for lack of jurisdiction (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B)(Cull, Thomas) (Entered: 03/16/2026)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Michael R. Ortega (Ortega, Michael) (Entered: 03/25/2026)

RESPONSE by Afterschool for Children and Teens (ACT) Now, Metropolitan Family Servicesin Opposition to MOTION by Defendants Linda McMahon, United States Department Of Education to dismiss for lack of jurisdiction 28 (Ortega, Michael) (Entered: 03/26/2026)

RESPONSE by Linda McMahon, United States Department Of Educationin Support of MOTION by Defendants Linda McMahon, United States Department Of Education to dismiss for lack of jurisdiction 28 (Cull, Thomas) (Entered: 03/31/2026)

SUPPLEMENT to response in opposition to motion, 30 Notice of Supplemental Authority (Ortega, Michael) (Entered: 04/01/2026)

EXHIBIT by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services regarding supplement 32 (Ortega, Michael) (Entered: 04/01/2026)

SUPPLEMENT to response in opposition to motion, 30 Notice of Supplemental Authority (Attachments: # 1 Exhibit)(Skinner, Jocelyn) (Entered: 04/09/2026)

MINUTE entry before the Honorable Martha M. Pacold: Oral argument held on 4/13/2026. Defendants' motion to dismiss, 28, is taken under advisement. The Court either will issue a ruling or set a ruling from the bench. Telephone status set for 4/20/2026 at 9:00 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 Court. Mailed notice. (lxk, ) (Entered: 04/13/2026)

TRANSCRIPT OF PROCEEDINGS held on 4/13/26 before the Honorable Martha M. Pacold. Order Number: 55127. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/6/2026. Redacted Transcript Deadline set for 5/18/2026. Release of Transcript Restriction set for 7/14/2026. (Fennell, Kathleen) (Entered: 04/15/2026)

MOTION by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services for leave to file Supplemental Memorandum (Unopposed) (Attachments: # 1 Supplemental Memorandum)(Ortega, Michael) (Entered: 04/16/2026)

1 Supplemental Memorandum

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MINUTE entry before the Honorable Martha M. Pacold: At Monday's status hearing, plaintiffs should be prepared to discuss which of their requested remedies, labeled A-G on pages 25 and 26 of their complaint, are associated with each of the Counts (I-VIII) they allege. I.e., is Count I associated with each remedy or just a subset. Mailed notice. (lxk, ) (Entered: 04/17/2026)

Defendants' Response to ACT Now's Supplemental Memorandum by Linda McMahon, United States Department Of Education (Cull, Thomas) (Entered: 04/19/2026)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' unopposed motion for leave to file supplemental memorandum, 37, is granted. Plaintiffs are directed to file the supplemental memorandum as a separate docket entry. Mailed notice. (lxk, ) (Entered: 04/20/2026)

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 4/20/2026. Defendants' motion to dismiss, 28, remains under advisement. Telephone status set for 4/23/2026 at 9:00 a.m. To join the telephone hearing please dial 650-479-3207 and enter access code 2310 276 7442#. Press # when prompted for an attendee number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 Court. Mailed notice. (lxk, ) (Entered: 04/20/2026)

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 4/23/2026. Defendants' motion to dismiss, 28, remains under advisement. Plaintiffs report they intend to file a preliminary injunction motion by 4/30/2026. Defendants to reply by 5/21/2026. Plaintiffs' response due by 6/1/2026. Counsel are directed to confer on availability and timing and reach out to the courtroom deputy to schedule a preliminary injunction hearing. Mailed notice. (lxk, ) (Entered: 04/23/2026)

ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Scott C. Solberg (Solberg, Scott) (Entered: 04/30/2026)

ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Alec J. Solotorovsky (Solotorovsky, Alec) (Entered: 04/30/2026)

ATTORNEY Appearance for Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services by Elizabeth Mary Hady (Hady, Elizabeth) (Entered: 04/30/2026)

MOTION by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services for preliminary injunction (Solberg, Scott) (Entered: 04/30/2026)

MOTION by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services for leave to file excess pages (Solberg, Scott) (Entered: 04/30/2026)

MEMORANDUM by Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services in support of motion for preliminary injunction 46 (Solberg, Scott) (Entered: 04/30/2026)

Exhibit List Exhibit List for Memorandum in Support of Motion for Preliminary Injunction by Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services. (Attachments: # 1 Declaration Stanton Decl., # 2 Declaration Rivers Decl., # 3 Declaration Long Decl., # 4 Declaration Guilmette Decl., # 5 Declaration Williams Decl., # 6 Declaration Hosfeldt Decl., # 7 Declaration Davis Decl., # 8 Declaration Rea Decl., # 9 Declaration Lovel Decl., # 10 Declaration Jennings Decl., # 11 Declaration Pietrantoni Decl., # 12 Declaration Neal Decl., # 13 Declaration Edgar Decl., # 14 Declaration Lamboley Decl., # 15 Declaration Vogt Decl., # 16 Declaration Clodi Decl., # 17 Declaration Stigge-Kaufman Decl., # 18 Declaration Mateyka Decl., # 19 Declaration O'Connell Decl., # 20 Declaration David Decl., # 21 Declaration Kinsey Decl., # 22 Exhibit Department Guidance, # 23 Declaration Merolli Decl., # 24 Exhibit Hartford Notice, # 25 Exhibit Hartford Denial, # 26 Exhibit El Centro Notice, # 27 Exhibit El Centro Denial, # 28 Exhibit Paterson Notice 1, # 29 Exhibit Paterson Denial 1, # 30 Exhibit Paterson Notice 2, # 31 Exhibit Paterson Denial 2, # 32 Exhibit Prichard Notice, # 33 Exhibit Prichard Denial, # 34 Exhibit Sodus Notice, # 35 Exhibit Sodus Denial, # 36 Exhibit DCPS Notice 1, # 37 Exhibit DCPS Denial 1, # 38 Exhibit DCPS Notice 2, # 39 Exhibit DCPS Denial 2, # 40 Exhibit Duke Notice, # 41 Exhibit Duke Denial, # 42 Exhibit UMD Baltimore Notice, # 43 Exhibit UMD Baltimore Denial, # 44 Exhibit Waco Notice, # 45 Exhibit Waco Denial)(Merolli, Emily) (Entered: 04/30/2026)

1 Declaration Stanton Decl.

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2 Declaration Rivers Decl.

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3 Declaration Long Decl.

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4 Declaration Guilmette Decl.

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5 Declaration Williams Decl.

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6 Declaration Hosfeldt Decl.

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7 Declaration Davis Decl.

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8 Declaration Rea Decl.

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9 Declaration Lovel Decl.

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10 Declaration Jennings Decl.

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11 Declaration Pietrantoni Decl.

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12 Declaration Neal Decl.

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13 Declaration Edgar Decl.

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14 Declaration Lamboley Decl.

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15 Declaration Vogt Decl.

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16 Declaration Clodi Decl.

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17 Declaration Stigge-Kaufman Decl.

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18 Declaration Mateyka Decl.

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19 Declaration O'Connell Decl.

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20 Declaration David Decl.

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21 Declaration Kinsey Decl.

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22 Exhibit Department Guidance

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23 Declaration Merolli Decl.

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24 Exhibit Hartford Notice

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25 Exhibit Hartford Denial

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26 Exhibit El Centro Notice

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27 Exhibit El Centro Denial

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28 Exhibit Paterson Notice 1

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29 Exhibit Paterson Denial 1

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30 Exhibit Paterson Notice 2

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31 Exhibit Paterson Denial 2

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32 Exhibit Prichard Notice

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33 Exhibit Prichard Denial

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34 Exhibit Sodus Notice

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35 Exhibit Sodus Denial

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36 Exhibit DCPS Notice 1

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37 Exhibit DCPS Denial 1

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38 Exhibit DCPS Notice 2

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39 Exhibit DCPS Denial 2

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40 Exhibit Duke Notice

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41 Exhibit Duke Denial

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42 Exhibit UMD Baltimore Notice

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43 Exhibit UMD Baltimore Denial

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44 Exhibit Waco Notice

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45 Exhibit Waco Denial

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MINUTE entry before the Honorable Martha M. Pacold: Preliminary injunction hearing on plaintiff's motion 46 scheduled for 6/8/26 at 9:00 a.m. in Courtroom 2325. Plaintiffs' unopposed motion for leave to file brief in excess of fifteen pages, 47, is granted. Mailed notice. (exr, ) (Entered: 05/04/2026)

RESPONSE by Linda McMahon, United States Department Of Educationin Opposition to MOTION by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services for preliminary injunction 46 (Cull, Thomas) (Entered: 05/21/2026)

REPLY by Plaintiffs Afterschool for Children and Teens (ACT) Now, Metropolitan Family Services to motion for preliminary injunction 46 (Solberg, Scott) (Entered: 06/01/2026)

MINUTE entry before the Honorable Martha M. Pacold: The 6/8/2026 preliminary injunction hearing on plaintiff's motion 46 scheduled for 9:00 a.m. is stricken and reset for 10:00 a.m. in Courtroom 2325. TIME CHANGE ONLY. Mailed notice. (lxk, ) (Entered: 06/05/2026)

MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 6/10/2026. The pending motions 28, 46 remain under advisement. Mailed notice. (lxk, ) (Entered: 06/10/2026)