Case: State of New Jersey v. United States Department of Transportation

1:26-cv-00939 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 3, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the federal government’s suspension of funding for the Hudson Tunnel project, a critical rail infrastructure project that is part of the Gateway Program connecting New Jersey and New York under the Hudson River. On February 3, 2026, plaintiffs, The States of New York and New Jersey, sued the U.S. Department of Transportation (DOT) and related federal agencies in the Southern District of New York, alleging that the federal government unlawfully suspended approved federal fun…

On February 3, 2026, plaintiffs, The States of New York and New Jersey, sued the U.S. Department of Transportation (DOT) and related federal agencies in the Southern District of New York, alleging that the federal government unlawfully suspended approved federal funding for the Hudson Tunnel Project. The complaint argued that the funding suspension jeopardizes a vital transportation corridor used daily by hundreds of thousands of commuters and Amtrak passengers and threatens regional commerce and public safety. Plaintiffs contended that DOT’s action violated the Administrative Procedure Act (APA) and served as a tool for political retribution by the executive branch. First, the plaintiffs alleged that the suspension of funding violated the APA for being contrary to law. The plaintiffs cited several federal regulations and procedural requirements that they alleged were violated by the APA. Specifically, the plaintiffs contended that DOT violated 2 C.F.R. § 200.339, which dictates that a granting agency can only withhold payments after determining that noncompliance cannot be remedied by imposing specific conditions, 2 C.F.R. § 200.342, which requires agencies to provide grant recipients with an opportunity to appeal any remedy for noncompliance, and 49 C.F.R. part 26, which requires agencies to follow necessary procedural steps before cutting off project funding. The plaintiffs also alleged that the DOT’s actions violated the APA for being arbitrary and capricious, and argued that the government both failed to provide a genuine, "reasoned and reasonably explained" justification for the suspension and failed to consider the "serious reliance interests" of the states and contractors who had already committed significant resources to the project. Finally, the plaintiffs alleged that the suspension was motivated by "political retribution" rather than regulatory concerns, citing public statements from the President and the White House as evidence that the action was meant to punish political rivals. The plaintiffs requested that the court issue an order to to stay, vacate, and declare the September 30 suspension unlawful, and to enjoin the defendants from continuing to enforce it. The plaintiffs sought both preliminary and permanent injunctions to prevent the federal defendants from continuing to enforce the suspension of project funds.

This case was assigned to Judge Jeannette A. Vargas

Along with their complaint, on February 3, 2026, the plaintiffs filed a memorandum and proposed order to show cause with emergency relief, requesting that the court issue a temporary restraining order preventing the suspension of funds from going into effect. The plaintiffs argued that emergency relief is essential because the Hudson Tunnel Project faces an imminent funding depletion that would force a total work stoppage on February 6, 2026, triggering the immediate loss of 1,000 jobs and stunting a critical economic lifeline for the Northeast. The states asserted they will suffer irreparable financial injury as they will be forced to spend millions of dollars weekly to maintain and secure inactive construction sites to prevent public health, safety, and environmental hazards. The plaintiffs note that these costs would be unrecoverable from the federal government due to sovereign immunity. Furthermore, the states contend that delays unnecessarily prolong the region's reliance on the failing 116-year-old North River Tunnel, risking a total collapse that could cost the regional economy $100 million per day.

On February 6, 2026, the court held a hearing on the proposed emergency temporary restraining order and granted the requested relief. The court was persuaded that the plaintiffs would suffer irreparable harm in the absence of an injunction because they would have no means to recoup their monetary losses through a subsequent action for monetary damages. The court also found that the plaintiffs adequately demonstrated that they would imminently suffer such loss if the funding suspension went into effect. Additionally, the court found that the plaintiffs adequately showed that the public interest would be harmed by a delay in a critical infrastructure project. The court accordingly enjoined the defendants from implementing the September 30, 2025 suspension of federal disbursements for the Hudson Tunnel Project.

The defendants filed a notice appealing the court’s decision to grant the temporary restraining order to the Second Circuit Court of Appeals on February 8, 2026.

In the appellate court, on February 9, 2026, the defendants filed a motion for an administrative stay of district court proceedings pending their appeal. The appellate court declined to implement the stay.

In the district court, after filing their notice of appeal, on February 9, 2026, the defendants filed a motion to stay the temporary restraining order in the district dourt pending the decision of the appellate court.

The same day, the court granted the defendants’ motion to stay in part and denied it in part. The court denied the defendants' Motion for Stay Pending Appeal because of the irreparable harm the States and the public interest will suffer in the absence of immediate relief to the plaintiffs. However, the court granted an administrative stay until February 12, 2026, to allow the defendants time to file and receive a decision on a motion for a stay in the Second Circuit Court of Appeals.

Also on February 9, 2026, the plaintiffs filed a motion for reconsideration, requesting that the court lift the administrative stay. The plaintiffs maintain that the same day, in the appellate court, the defendants moved for an administrative stay of the district court’s temporary restraining order, and that the appellate court had declined to implement an administrative stay. The plaintiffs maintain that because the appellate court was unaware of the district court’s administrative stay order, the appellate court’s decision signaled that it did not believe an administrative stay was necessary or proper in this circumstance.

On February 11, 2026, the district court denied the plaintiffs’ motion for reconsideration without offering explanation.

On February 13, 2026, the plaintiffs filed an emergency letter motion requesting that the court hold an immediate status conference regarding the defendants’ compliance with the temporary restraining order. The plaintiffs contended that the administrative stay expired on February 12, 2026, and that the defendants had yet to release the suspended funds pursuant to the temporary restraining order.

This case is pending in both the appellate court and the district court. The appellate court has not yet issued a decision on defendants’ motion to stay.

This case is ongoing.

show full summary

Summary Authors

Jinan Abufarha (2/7/2026)

Sofia Yoder (2/15/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72228444/parties/state-of-new-jersey-v-united-states-department-of-transportation/

Attorney for Plaintiff

-, Jeremy Feigenbaum,

-, Barbara D.

Balekdjian, Janine Siran (New York)

Attorney for Defendant

Attorney, Benjamin H.

Attorney, Tara Schwartz,

Attorney for Plaintiff

-, Jeremy Feigenbaum,

-, Barbara D.

Balekdjian, Janine Siran (New York)

Drecker-Waxman, Naima (New York)

Driesen, Lauren Elizabeth (New York)

Duraiswamy, Shankar (New York)

Feigenbaum, Jeremy M. (New York)

General, Ester Murdukhayeva,

Mazeitis, Jake (New York)

Muqaddam, Rabia Claire (New York)

Ranucci, Jessica Grace (New York)

Thompson, Stephen Christopher (New York)

Attorney for Defendant

Attorney, Benjamin H.

Attorney, Tara Schwartz,

Nzekwu, Chibogu Nneka (New York)

Schwartz, Tara (New York)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1 1:26-cv-00939	Complaint for Declaratory and Injunctive Relief State of New Jersey v. United States Department of Transporation	Feb. 3, 2026	Feb. 3, 2026 Complaint
12 1:26-cv-00939	Memorandum of Law in Support of Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, and Stay State of New Jersey v. U.S. Department of Transporation	Feb. 3, 2026	Feb. 3, 2026 Pleading / Motion / Brief
45 1:26-cv-00939	Opinion and Order State of New Jersey v. U.S. Department of Transportation	Feb. 6, 2026	Feb. 6, 2026 Order/Opinion 2026 WL 323341
49 1:26-cv-00939	Order	Feb. 9, 2026	Feb. 9, 2026 Order/Opinion 2026 WL 360098
50 1:26-cv-00939	Motion for Reconsideration State of New Jersey v. U.S. Department of Transportation	Feb. 9, 2026	Feb. 9, 2026 Pleading / Motion / Brief
52 1:26-cv-00939	Order on Motion for Reconsideration	Feb. 11, 2026	Feb. 11, 2026 Order/Opinion

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72228444/state-of-new-jersey-v-united-states-department-of-transportation/

Last updated March 25, 2026, 4:56 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation. (Filing Fee $ 405.00, Receipt Number ANYSDC-32359250)Document filed by State of New Jersey, State Of New York. (Attachments: # 1 Exhibit 1).(Muqaddam, Rabia) (Entered: 02/03/2026) 1 Exhibit 1 View on RECAP	Feb. 3, 2026	Feb. 3, 2026 Clearinghouse
2	CIVIL COVER SHEET filed..(Muqaddam, Rabia) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
3	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Transportation, re: 1 Complaint,. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
4	REQUEST FOR ISSUANCE OF SUMMONS as to Sean Duffy in his official capacity as Secretary of Transportation, re: 1 Complaint,. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
5	REQUEST FOR ISSUANCE OF SUMMONS as to Federal Railroad Administration, re: 1 Complaint,. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
6	REQUEST FOR ISSUANCE OF SUMMONS as to David Fink in his official capacity as Administrator of the Federal Railroad Administration, re: 1 Complaint,. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
7	REQUEST FOR ISSUANCE OF SUMMONS as to Federal Transit Administration, re: 1 Complaint,. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
8	REQUEST FOR ISSUANCE OF SUMMONS as to Marcus J. Molinaro in his official capacity as Administrator of the Federal Transit Administration, re: 1 Complaint,. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
9	REQUEST FOR ISSUANCE OF SUMMONS as to Build America Bureau, re: 1 Complaint,. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
10	REQUEST FOR ISSUANCE OF SUMMONS as to Dr. Morteza Farajian in his official capacity as Executive Director of the Build America Bureau, re: 1 Complaint,. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
11	PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026 RECAP
12	MEMORANDUM OF LAW in Support re: 11 Proposed Order to Show Cause With Emergency Relief . Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026 Clearinghouse
13	AFFIRMATION of Stephen C. Thompson in Support re: 11 Proposed Order to Show Cause With Emergency Relief. Document filed by State Of New York, State of New Jersey. (Attachments: # 1 Exhibit 1 - Sincaglia Declaration, # 2 Exhibit 2 - Ullman Declaration, # 3 Exhibit 3 - 2021 Environmental Impact Statement, # 4 Exhibit 4 - New York Times article, # 5 Exhibit 5 - DOT website for the Project, # 6 Exhibit 6 - Regional Plan Association news release, # 7 Exhibit 7 - FTA press release, # 8 Exhibit 8 - 2023 Project Development Agreement, # 9 Exhibit 9 - 2022 RAISE Award Fact Sheets, # 10 Exhibit 10 - Mega Program FY2022 Fact Sheets, # 11 Exhibit 11 - September 30 Suspension Letter, # 12 Exhibit 12 - CNBC article, # 13 Exhibit 13 - DOT press release, # 14 Exhibit 14 - Fox Business article, # 15 Exhibit 15 - NJ Biz article, # 16 Exhibit 16 - October 2, 2025 letter, # 17 Exhibit 17 - October 7, 2025 letter, # 18 Exhibit 18 - October 21, 2025 letter, # 19 Exhibit 19 - December 1, 2025 letter, # 20 Exhibit 20 - December 8, 2025 letter, # 21 Exhibit 21 - January 8, 2026 letter, # 22 Exhibit 22 - NJT 2024 Annual Report, # 23 Exhibit 23 - CBS News article, # 24 Exhibit 24 - Regional Planning Association report).(Muqaddam, Rabia) (Entered: 02/03/2026) 1 Exhibit 1 - Sincaglia Declaration View on RECAP 2 Exhibit 2 - Ullman Declaration View on RECAP 3 Exhibit 3 - 2021 Environmental Impact Statement View on PACER 4 Exhibit 4 - New York Times article View on PACER 5 Exhibit 5 - DOT website for the Project View on PACER 6 Exhibit 6 - Regional Plan Association news release View on PACER 7 Exhibit 7 - FTA press release View on PACER 8 Exhibit 8 - 2023 Project Development Agreement View on RECAP 9 Exhibit 9 - 2022 RAISE Award Fact Sheets View on PACER 10 Exhibit 10 - Mega Program FY2022 Fact Sheets View on RECAP 11 Exhibit 11 - September 30 Suspension Letter View on PACER 12 Exhibit 12 - CNBC article View on PACER 13 Exhibit 13 - DOT press release View on PACER 14 Exhibit 14 - Fox Business article View on PACER 15 Exhibit 15 - NJ Biz article View on PACER 16 Exhibit 16 - October 2, 2025 letter View on PACER 17 Exhibit 17 - October 7, 2025 letter View on PACER 18 Exhibit 18 - October 21, 2025 letter View on PACER 19 Exhibit 19 - December 1, 2025 letter View on PACER 20 Exhibit 20 - December 8, 2025 letter View on PACER 21 Exhibit 21 - January 8, 2026 letter View on PACER 22 Exhibit 22 - NJT 2024 Annual Report View on PACER 23 Exhibit 23 - CBS News article View on PACER 24 Exhibit 24 - Regional Planning Association report View on PACER	Feb. 3, 2026	Feb. 3, 2026 RECAP
14	NOTICE OF APPEARANCE by Stephen Christopher Thompson on behalf of State Of New York..(Thompson, Stephen) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
15	NOTICE OF APPEARANCE by Jessica Grace Ranucci on behalf of State Of New York..(Ranucci, Jessica) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026
16	ELECTRONIC SUMMONS ISSUED as to United States Department of Transportation. (vf) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
17	ELECTRONIC SUMMONS ISSUED as to Sean Duffy. (vf) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
18	ELECTRONIC SUMMONS ISSUED as to Federal Railroad Administration. (vf) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
19	ELECTRONIC SUMMONS ISSUED as to David Fink. (vf) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
20	ELECTRONIC SUMMONS ISSUED as to Federal Transit Administration. (vf) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
21	ELECTRONIC SUMMONS ISSUED as to Marcus J. Molinaro. (vf) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
22	ELECTRONIC SUMMONS ISSUED as to Build America Bureau. (vf) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
23	ELECTRONIC SUMMONS ISSUED as to Dr. Morteza Farajian. (vf) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
24	NOTICE OF APPEARANCE by Lauren Elizabeth Van Driesen on behalf of State of New Jersey..(Van Driesen, Lauren) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
25	MOTION for Shankar Duraiswamy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32362631. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: # 1 Proposed Order Proposed Order for Admission Pro Hac Vice).(Duraiswamy, Shankar) (Entered: 02/04/2026) 1 Proposed Order Proposed Order for Admission Pro Hac Vice View on PACER	Feb. 4, 2026	Feb. 4, 2026
26	NOTICE OF APPEARANCE by Tara Schwartz on behalf of Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Schwartz, Tara) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
27	LETTER addressed to Judge Jeannette A. Vargas from Tara Schwartz dated February 4, 2026 re: Courts Individual Rules and Practices Regarding Civil Matters in which the United States Attorney for the Southern District of New York or the United States Department of Justice Represents a Party. Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Schwartz, Tara) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026 RECAP
28	NOTICE OF APPEARANCE by Chibogu Nneka Nzekwu on behalf of Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Nzekwu, Chibogu) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
29	ORDER: Counsel for all parties shall appear for a hearing with respect to Plaintiffs' application for a temporary restraining order pursuant to Rule 65(b) ("TRO") on February 6, 2026, at 1:00pm. The hearing will be held in Courtroom 14C, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. Any opposition papers to the entry of the requested TRO shall be filed by February 6, 2026, at 11:00am. Plaintiff shall serve copies of this Order and its application for a TRO upon the Civil Division of the United States Attorney's Office for the Southern District of New York by electronic mail by no later than 5:00pm today, and promptly file proof of such service on the docket. Counsel for Defendants shall promptly enter notices of appearance. ( Status Conference set for 2/6/2026 at 01:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas.) (Signed by Judge Jeannette A. Vargas on 2/4/2026) (sgz) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026 RECAP
30	CERTIFICATE OF SERVICE of Motion for Temporary Restraining Order served on Defendants on 02/04/2026. Service was made by E-mail. Document filed by State Of New York..(Thompson, Stephen) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
31	ORDER FOR ADMISSION PRO HAC VICE granting 25 Motion for Shankar Duraiswamy to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in theabove captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Jeannette A. Vargas on 2/4/2026) (sgz) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
	Case Opening Initial Assignment Notice	Feb. 4, 2026	Feb. 4, 2026
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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..(vf)	Feb. 4, 2026	Feb. 4, 2026
	Magistrate Judge Ona T. Wang 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. (vf)	Feb. 4, 2026	Feb. 4, 2026
	Case Designation	Feb. 4, 2026	Feb. 4, 2026
	Case Designated ECF. (vf)	Feb. 4, 2026	Feb. 4, 2026
	Case Designated ECF	Feb. 4, 2026	Feb. 4, 2026
	Notice of Case Assignment/Reassignment	Feb. 4, 2026	Feb. 4, 2026
	Notice to Court Regarding Proposed Order	Feb. 4, 2026	Feb. 4, 2026
	Notice Regarding Pro Hac Vice Motion	Feb. 4, 2026	Feb. 4, 2026
	NOTICE OF CASE REASSIGNMENT to Judge Jeannette A. Vargas. Judge Victor Marrero is no longer assigned to the case. (vba)	Feb. 4, 2026	Feb. 4, 2026
	***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 11 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (nd)	Feb. 4, 2026	Feb. 4, 2026
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Shankar Duraiswamy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32362631. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)	Feb. 4, 2026	Feb. 4, 2026
32	MOTION for Jeremy Feigenbaum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-32368359. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: # 1 Proposed Order to Appear Pro Hac Vice).(Feigenbaum, Jeremy) (Entered: 02/05/2026) 1 Proposed Order to Appear Pro Hac Vice View on PACER	Feb. 5, 2026	Feb. 5, 2026
33	CERTIFICATE OF SERVICE of Summons and Complaint, served. Build America Bureau served on 2/5/2026, answer due 4/6/2026; Sean Duffy served on 2/5/2026, answer due 4/6/2026; Dr. Morteza Farajian served on 2/5/2026, answer due 4/6/2026; Federal Railroad Administration served on 2/5/2026, answer due 4/6/2026; Federal Transit Administration served on 2/5/2026, answer due 4/6/2026; David Fink served on 2/5/2026, answer due 4/6/2026; Marcus J. Molinaro served on 2/5/2026, answer due 4/6/2026; United States Department of Transportation served on 2/5/2026, answer due 4/6/2026. Service was made by Mail. Document filed by State Of New York..(Thompson, Stephen) (Entered: 02/05/2026)	Feb. 5, 2026	Feb. 5, 2026 RECAP
34	MOTION for Janine Siran Balekdjian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32369019. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: # 1 Affidavit Pro Hac Vice Affidavit, # 2 Supplement Certificates of Good Standing, # 3 Proposed Order Proposed Order).(Balekdjian, Janine) (Entered: 02/05/2026) 1 Affidavit Pro Hac Vice Affidavit View on PACER 2 Supplement Certificates of Good Standing View on PACER 3 Proposed Order Proposed Order View on PACER	Feb. 5, 2026	Feb. 5, 2026
35	MOTION for Jake Mazeitis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32369389. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: # 1 Affidavit JM Affidavit, # 2 Supplement NJ Cert. of Good Standing, # 3 Supplement CO Cert. of Good Standing, # 4 Proposed Order JM Proposed Order).(Mazeitis, Jake) (Entered: 02/05/2026) 1 Affidavit JM Affidavit View on PACER 2 Supplement NJ Cert. of Good Standing View on PACER 3 Supplement CO Cert. of Good Standing View on PACER 4 Proposed Order JM Proposed Order View on PACER	Feb. 5, 2026	Feb. 5, 2026
36	MOTION for Naima Drecker-Waxman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32369696. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Jersey. (Attachments: # 1 Proposed Order to Appear Pro Hac Vice).(Drecker-Waxman, Naima) (Entered: 02/05/2026) 1 Proposed Order to Appear Pro Hac Vice View on PACER	Feb. 5, 2026	Feb. 5, 2026
	Notice Regarding Pro Hac Vice Motion	Feb. 5, 2026	Feb. 5, 2026
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 32 MOTION for Jeremy Feigenbaum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-32368359. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)	Feb. 5, 2026	Feb. 5, 2026
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for Janine Siran Balekdjian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32369019. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)	Feb. 5, 2026	Feb. 5, 2026
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 35 MOTION for Jake Mazeitis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32369389. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)	Feb. 5, 2026	Feb. 5, 2026
	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 36 MOTION for Naima Drecker-Waxman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32369696. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)	Feb. 5, 2026	Feb. 5, 2026
37	ORDER FOR ADMISSION PRO HAC VICE granting 32 Motion for Jeremy Feigenbaum to Appear Pro Hac Vice. (Signed by Judge Jeannette A. Vargas on 2/6/2026) (ks) Transmission to Attorney Services/Help Desk. (Entered: 02/06/2026)	Feb. 6, 2026	Feb. 6, 2026
38	ORDER FOR ADMISSION PRO HAC VICE granting 34 Motion for Janine Balekdjian to Appear Pro Hac Vice. (Signed by Judge Jeannette A. Vargas on 2/6/2026) (ks) Transmission to Attorney Services/Help Desk. (Entered: 02/06/2026)	Feb. 6, 2026	Feb. 6, 2026
39	ORDER FOR ADMISSION PRO HAC VICE granting 35 Motion for Jake Mazeitis to Appear Pro Hac Vice. (Signed by Judge Jeannette A. Vargas on 2/6/2026) (ks) Transmission to Attorney Services/Help Desk. (Entered: 02/06/2026)	Feb. 6, 2026	Feb. 6, 2026
40	ORDER FOR ADMISSION PRO HAC VICE granting 36 Motion for Naima Drecker-Waxman to Appear Pro Hac Vice. (Signed by Judge Jeannette A. Vargas on 2/6/2026) (ks) Transmission to Attorney Services/Help Desk. (Entered: 02/06/2026)	Feb. 6, 2026	Feb. 6, 2026
41	RESPONSE re: 12 Memorandum of Law in Support of Defendants' Motion to Dismiss and in Opposition to Plaintiffs' Request for a Temporary Restraining Order. Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Schwartz, Tara) (Entered: 02/06/2026)	Feb. 6, 2026	Feb. 6, 2026 RECAP
42	LETTER MOTION to Seal addressed to Judge Jeannette A. Vargas from C. Nneka Nzekwu dated 2/6/26. Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation. Return Date set for 2/6/2026 at 01:00 PM..(Nzekwu, Chibogu) (Entered: 02/06/2026)	Feb. 6, 2026	Feb. 6, 2026 RECAP
43	*SEALED*DECLARATION of Matthew Hawkins in Support re: 42 LETTER MOTION to Seal addressed to Judge Jeannette A. Vargas from C. Nneka Nzekwu dated 2/6/26.. Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation. (Attachments: # 1 Exhibit FTA CIG Grant, # 2 Exhibit FTA RAISE Grant, # 3 Exhibit General Terms and Conditions Under the Fiscal Year 2023 RAISE Program: FTA Projects, # 4 Exhibit FRA FSP Grant, # 5 Exhibit RRIF Loan Agreement, # 6 Exhibit RRIF Loans Agreement, # 7 Exhibit RRIF Loans Agreement)Motion or Order to File Under Seal: 42 .(Nzekwu, Chibogu) (Entered: 02/06/2026)	Feb. 6, 2026	Feb. 6, 2026
44	CERTIFICATE OF SERVICE of Unredacted Exhibits served on Plaintiffs on 2.6.26. Service was made by Email. Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Nzekwu, Chibogu) (Entered: 02/06/2026)	Feb. 6, 2026	Feb. 6, 2026 RECAP
45	OPINION AND ORDER: The Court is also persuaded that Plaintiffs would suffer irreparable harm in the absence of an injunction. Monetary loss can constitute irreparable harm when a party would have no means to recoup such losses through a subsequent action for monetary damages, see, e.g., United States v. New York, 708 F.2d 92, 93 (2d Cir. 1983), and Plaintiffs have adequately demonstrated that they would imminently suffer such loss if GDC is forced to shut down its operations. Additionally, the balance of the equities weighs in favor of injunctive relief, as Plaintiffs have adequately shown that the public interest would be harmed by a delay in a critical infrastructure project. Sufficient reason having been shown, the Court accordingly ORDERS that, pending the hearing of Plaintiffs application for a preliminary injunction, the Defendants are enjoined from implementing the September 30, 2025 suspension of federal disbursements for the Hudson Tunnel Project pursuant to Rule 65(b) of the Federal Rules of Civil Procedure. Additionally, the parties are ORDERED to meet and confer, and by February 11, 2026, to submit a joint letter to the Court that addresses the following: 1) Whether, in connection with the motion for a preliminary injunction, the Courts consideration of the likelihood of success on Plaintiffs APA claims is confined to an administrative record compiled by the United States Department of Transportation (DOT); 2) The timing of the submission of a certified administrative record by the DOT for the Courts review; 3) Whether any party will be seeking expedited discovery in connection with the motion for a preliminary injunction, and if so, the nature of such discovery; 4) Whether any party requests an evidentiary hearing in connection with the motion for a preliminary injunction, and if so, the timing and anticipated length of such a hearing; 5) Whether the Court should consolidate a hearing on the preliminary injunction motion with a trial on the merits, pursuant to Rule 65(a)(2) of the Federal Rules of Civil Procedure; 6) A briefing schedule for Defendants motion to dismiss for lack of jurisdiction; and7) Whether, in light of Defendants motion to dismiss, Plaintiffs anticipate amending their complaint as of right, pursuant to Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure.SO ORDERED. (Signed by United States District Judge Jeannette A. Vargas on 2/6/2026) (laq) Modified on 2/6/2026 (laq). (Entered: 02/06/2026)	Feb. 6, 2026	Feb. 6, 2026 Clearinghouse
49	OPINION AND ORDER: Sufficient reason having been shown, the Court accordingly ORDERS that, pending the hearing of Plaintiffs' application for a preliminary injunction, the Defendants are enjoined from implementing the September 30, 2025 suspension of federal disbursements for the Hudson Tunnel Project pursuant to Rule 65(b) of the Federal Rules of Civil Procedure. Additionally, the parties are ORDERED to meet and confer, and by February 11, 2026, to submit a joint letter to the Court that addresses the following: 1) Whether, in connection with the motion for a preliminary injunction, the Court's consideration of the likelihood of success on Plaintiffs' APA claims is confined to an administrative record compiled by the United States Department of Transportation ("DOT");2) The timing of the submission of a certified administrative record by the DOT for the Courts review; 3) Whether any party will be seeking expedited discovery in connection with the motion for a preliminary injunction, and if so, the nature of such discovery;4) Whether any party requests an evidentiary hearing in connection with the motion for a preliminary injunction, and if so, the timing and anticipated length of such a hearing; 5) Whether the Court should consolidate a hearing on the preliminary injunction motion with a trial on the merits, pursuant to Rule 65(a)(2) of the Federal Rules of Civil Procedure; 6)A briefing schedule for Defendants' motion to dismiss for lack of jurisdiction; and 7) Whether, in light of Defendants' motion to dismiss, Plaintiffs anticipate amending their complaint as of right, pursuant to Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure. (Signed by Judge Jeannette A. Vargas on 2/6/2026) (sgz) (Entered: 02/09/2026)	Feb. 6, 2026	Feb. 6, 2026 Clearinghouse
	Status Conference	Feb. 6, 2026	Feb. 6, 2026
	Minute Entry for proceedings held before Judge Jeannette A. Vargas: Hearing held on 2/6/2026. Present were Jeremy Feigenbaum and Shankar Duraiswamy for plaintiff State of New Jersey; Rabia Muqaddam, Stephen Thompson, and Jessica Ranucci for plaintiff State of New York; and Tara Schwartz and Chibogu Nneka Nzekwu for the defendants. (Court Reporter Andrew Walker) (nmo)	Feb. 6, 2026	Feb. 6, 2026
46	NOTICE OF INTERLOCUTORY APPEAL from 45 Memorandum & Opinion,,,,,,,,,. Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Nzekwu, Chibogu) (Entered: 02/08/2026)	Feb. 8, 2026	Feb. 8, 2026 RECAP
47	MOTION to Stay re: 45 Memorandum & Opinion,,,,,,,,, . Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Schwartz, Tara) (Entered: 02/09/2026)	Feb. 9, 2026	Feb. 9, 2026 RECAP
48	MEMORANDUM OF LAW in Support re: 47 MOTION to Stay re: 45 Memorandum & Opinion,,,,,,,,, . . Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Schwartz, Tara) (Entered: 02/09/2026)	Feb. 9, 2026	Feb. 9, 2026 RECAP
49	ORDER granting in part and denying in part 47 Motion to Stay. Accordingly, Defendants' Motion for Stay Pending Appeal is DENIED because of the irreparable harm the States and the public interest will suffer in the absence of immediate relief to Plaintiffs. The Court does, however, GRANT an administrative stay until February 12, 2026, at 5:00 pm, to allow Defendants time to file and receive decision on a motion for a stay in the Second Circuit Court of Appeals. The Clerk of Court is directed to terminate ECF No. 47. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 2/9/2026) (sgz) (Entered: 02/09/2026)	Feb. 9, 2026	Feb. 9, 2026 Clearinghouse
50	MOTION for Reconsideration re; 49 Order on Motion to Stay,, . Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/09/2026)	Feb. 9, 2026	Feb. 9, 2026 Clearinghouse
	Transmission of Notice of Appeal and Docket Sheet to USCA	Feb. 9, 2026	Feb. 9, 2026
	Status Conference	Feb. 9, 2026	Feb. 9, 2026
	Appeal Record Sent to USCA - Electronic File	Feb. 9, 2026	Feb. 9, 2026
	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 46 Notice of Interlocutory Appeal,..(nd)	Feb. 9, 2026	Feb. 9, 2026
	Appeal Fee Not Required	Feb. 9, 2026	Feb. 9, 2026
	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 46 Notice of Interlocutory Appeal, filed by United States Department of Transportation, Dr. Morteza Farajian, David Fink, Federal Transit Administration, Marcus J. Molinaro, Sean Duffy, Federal Railroad Administration, Build America Bureau were transmitted to the U.S. Court of Appeals..(nd)	Feb. 9, 2026	Feb. 9, 2026
	Notice Regarding Deleted Document	Feb. 9, 2026	Feb. 9, 2026
	Appeal Fee Not Required for 46 Notice of Interlocutory Appeal,. Appeal filed by U.S. Government..(nd)	Feb. 9, 2026	Feb. 9, 2026
	***DELETED DOCUMENT. Deleted document number 49 OPINION AND ORDER. The document was incorrectly filed in this case. (sgz)	Feb. 9, 2026	Feb. 9, 2026
51	LETTER RESPONSE in Opposition to Motion addressed to Judge Jeannette A. Vargas from C. Nneka Nzekwu dated February 10, 2026 re: 50 MOTION for Reconsideration re; 49 Order on Motion to Stay,, . . Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Nzekwu, Chibogu) (Entered: 02/10/2026)	Feb. 10, 2026	Feb. 10, 2026 RECAP
52	ORDER denying 50 Motion for Reconsideration re 50 MOTION for Reconsideration re; 49 Order on Motion to Stay,, . filed by State of New Jersey, State Of New York, The motion is denied. The clerk is directed to terminate ECF No. 50. (Signed by Judge Jeannette A. Vargas on 2/10/2026) (sgz) (Entered: 02/11/2026)	Feb. 11, 2026	Feb. 11, 2026 Clearinghouse
53	ORDER terminating 42 Letter Motion to Seal. The Government is directed to resubmit the Motion in accordance with the Court's Individual Rule 10.C.iii ("the party shall (1) publicly file on ECF and electronically relate to the letter motion a copy of the document with the proposed redactions; and (2) file under seal on ECF (with the appropriate level of restriction) and electronically relate to the motion an unredacted copy of the document with the proposed redactions highlighted"). The Clerk of Court is directed to terminate ECF No. 42. The Government is ORDERED to refile the Motion and corresponding exhibits as stated. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 2/11/2026) (sgz) (Entered: 02/11/2026)	Feb. 11, 2026	Feb. 11, 2026 RECAP
54	LETTER MOTION to Seal addressed to Judge Jeannette A. Vargas from C. Nneka Nzekwu dated 02/06/2026. Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Nzekwu, Chibogu) (Entered: 02/11/2026)	Feb. 11, 2026	Feb. 11, 2026 RECAP
55	DECLARATION of Matthew Hawkins re: 54 LETTER MOTION to Seal addressed to Judge Jeannette A. Vargas from C. Nneka Nzekwu dated 02/06/2026. . Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation. (Attachments: # 1 Exhibit A. FTA CIG Grant, # 2 Exhibit B. FTA Raise Grant, # 3 Exhibit C. General Terms Fiscal Year 2023 RAISE Program: FTA Projects,, # 4 Exhibit D. FRA FSP Grant, # 5 Exhibit E. RRIF Loan Agreement, # 6 Exhibit F. RRIF Loans Agreement, # 7 Exhibit G. RRIF Loans Agreement).(Nzekwu, Chibogu) (Entered: 02/11/2026) 1 Exhibit A. FTA CIG Grant View on PACER 2 Exhibit B. FTA Raise Grant View on PACER 3 Exhibit C. General Terms Fiscal Year 2023 RAISE Program: FTA Projects, View on PACER 4 Exhibit D. FRA FSP Grant View on RECAP 5 Exhibit E. RRIF Loan Agreement View on PACER 6 Exhibit F. RRIF Loans Agreement View on PACER 7 Exhibit G. RRIF Loans Agreement View on PACER	Feb. 11, 2026	Feb. 11, 2026
56	*SEALED*DECLARATION of Matthew Hawkins re: 54 LETTER MOTION to Seal addressed to Judge Jeannette A. Vargas from C. Nneka Nzekwu dated 02/06/2026. . Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation. (Attachments: # 1 Exhibit A. FTA CIG Grant, # 2 Exhibit B. FTA RAISE Grant, # 3 Exhibit C. General Terms and Conditions Under the Fiscal Year 2023 RAISE Program: FTA Projects, # 4 Exhibit D. FRA FSP Grant, # 5 Exhibit E. RRIF Loan Agreement, # 6 Exhibit F. RRIF Loan Agreement, # 7 Exhibit G. RRIF Loan Agreement)Motion or Order to File Under Seal: 54 .(Nzekwu, Chibogu) (Entered: 02/11/2026)	Feb. 11, 2026	Feb. 11, 2026
57	JOINT LETTER addressed to Judge Jeannette A. Vargas from The Parties dated 02/11/2026 re: Compliance with the Court's February 6 Order. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/11/2026)	Feb. 11, 2026	Feb. 11, 2026 RECAP
58	EMERGENCY LETTER MOTION for Conference addressed to Judge Jeannette A. Vargas from State of New Jersey and State of New York dated 02/13/2026. Document filed by State Of New York, State of New Jersey..(Muqaddam, Rabia) (Entered: 02/13/2026)	Feb. 13, 2026	Feb. 13, 2026 RECAP
59	ORDER Status Conference set for 2/13/2026 at 3:00 pm via Microsoft TEAMS. Please use the following information to join.Meeting ID: 250 868 574 528 92 Passcode: yf98KC6k (HEREBY ORDERED by Judge Jeannette A. Vargas) (Text Only Order) (nmo) (Entered: 02/13/2026)	Feb. 13, 2026	Feb. 13, 2026
60	ORDER granting 54 Letter Motion to Seal. Accordingly, the Government's motion is GRANTED. The Clerk of Court is directed to terminate ECF No. 54. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 2/13/2026) (sgz) (Entered: 02/13/2026)	Feb. 13, 2026	Feb. 13, 2026 RECAP
	Order	Feb. 13, 2026	Feb. 13, 2026
	Status Conference AND ~Util - Terminate Motions	Feb. 13, 2026	Feb. 13, 2026
	Status Conference	Feb. 13, 2026	Feb. 13, 2026
	Minute Entry for proceedings held before Judge Jeannette A. Vargas: Status Conference held on 2/13/2026, Motion(s) terminated: 58 EMERGENCY LETTER MOTION for Conference. Present were Jeremy Feigenbaum and Shankar Duraiswamy for plaintiff State of New Jersey; Rabia Muqaddam and Stephen Thompson, and for plaintiff State of New York; and Tara Schwartz and Chibogu Nneka Nzekwu for the defendants. Defendants are directed to submit a status report regarding the payment of all present and future disbursements by February 17, 2026 by 3:00 p.m. (Court Reporter Nicole DiMasi) (nmo) Modified on 2/13/2026 (nmo).	Feb. 13, 2026	Feb. 13, 2026
61	STATUS REPORT. Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Nzekwu, Chibogu) (Entered: 02/17/2026)	Feb. 17, 2026	Feb. 17, 2026 RECAP
62	TRANSCRIPT of Proceedings re: CONFERENCE held on 2/6/2026 before Judge Jeannette A. Vargas. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. 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 3/20/2026. Redacted Transcript Deadline set for 3/30/2026. Release of Transcript Restriction set for 5/28/2026..(Moya, Goretti) (Entered: 02/27/2026)	Feb. 27, 2026	Feb. 27, 2026
63	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/6/26 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) 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 may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 02/27/2026)	Feb. 27, 2026	Feb. 27, 2026
64	ORDER: It is hereby ORDERED that a hearing will be held with respect to Plaintiff's motion for a preliminary injunction. ECF No. 11. Per the parties' correspondence with the Court, ECF No. 57 ("Joint Ltr."), Plaintiffs' motion for a preliminary injunction is hereby consolidated with adjudication on the merits pursuant to Rule 65(a)(2). Fed. R. Civ. P. 65(a)(2). The hearing will take place on Thursday, April 16, 2026, at 11:00 a.m., in Courtroom 11B, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. Defendants shall submit their papers in support of their motion to dismiss and in opposition to Plaintiffs' motion for relief by March 17, 2026. Plaintiffs' papers in opposition to Defendants' motion to dismiss and in further support of its motion for relief is due by March 31, 2026. Defendants' reply in support of their motion to dismiss is due by April 7, 2026. Set Deadlines/Hearing as to ( Responses due by 3/31/2026, Replies due by 4/7/2026., Motion Hearing set for 4/16/2026 at 11:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Jeannette A. Vargas.) (Signed by Judge Jeannette A. Vargas on 3/2/2026) (sgz) (Entered: 03/02/2026)	March 2, 2026	March 2, 2026 RECAP
65	ORDER of USCA (Certified Copy) as to 46 Notice of Interlocutory Appeal, filed by United States Department of Transportation, Dr. Morteza Farajian, David Fink, Federal Transit Administration, Marcus J. Molinaro, Sean Duffy, Federal Railroad Administration, Build America Bureau USCA Case Number 26-0282. In sum, because DOT has failed to demonstrate irreparable harm or any other circumstances warranting a stay pending appeal, its motion for such a stay is DENIED. Should DOT wish to expedite consideration of its appeal before a merits panel, it is free to make such a request, though in the absence of such a request, the appeal may not be heard until the 2026 term begins in August-September. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 3/11/2026. (tp) (Entered: 03/11/2026)	March 11, 2026	March 11, 2026 RECAP
66	LETTER MOTION for Leave to File Excess Pages addressed to Judge Jeannette A. Vargas from C. Nneka Nzekwu dated March 16, 2026. Document filed by Build America Bureau, Sean Duffy, Dr. Morteza Farajian, Federal Railroad Administration, Federal Transit Administration, David Fink, Marcus J. Molinaro, United States Department of Transportation..(Nzekwu, Chibogu) (Entered: 03/16/2026)	March 16, 2026	March 16, 2026 RECAP
67	ORDER granting 66 Letter Motion for Leave to File Excess Pages. The government's request for an enlargement of the word count for the government's brief in support of its motion to dismiss and in opposition to Plaintiffs' motion for a preliminary injunction to 9,100 words is GRANTED. Accordingly, the Parties shall submit their filings in compliance with Rule 5.A of this Court's Individual Rules and Practices in Civil Cases. (HEREBY ORDERED by Judge Jeannette A. Vargas)(Text Only Order) (Yin-Olowu, Tammy) (Entered: 03/17/2026)	March 17, 2026	March 17, 2026

show / hide docket entries

Case Details

State / Territory:

New York

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Feb. 3, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The States of New York and New Jersey

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Build America Bureau

Federal Railroad Administration

Federal Transit Administration

United States Department of Transportation

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

Southern District of New York 1:26-cv-00939

U.S. Court of Appeals for the Second Circuit 26-00282

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Injunction

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Funding

Road construction

Recommended Citation

Case Summary of State of New Jersey v. United States Department of Transportation, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47799/ (last updated 2/15/2026).

Case: State of New Jersey v. United States Department of Transportation

1:26-cv-00939 | U.S. District Court for the Southern District of New York

Case Summary

Related Cases

People

Documents in the Clearinghouse

Docket

Case Details