Case: Amica Center for Immigrant Rights v. Executive Office for Immigration Review

COMPLAINT against All Plaintiffs ( Filing fee $ 405 receipt number ADCDC-12267969) filed by HIAS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, AMICA CENTER FOR IMMIGRANT RIGHTS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E)(Reuveni, Erez) (Entered: 02/26/2026)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Exhibit A

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7 Exhibit B

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8 Exhibit C

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9 Exhibit D

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10 Exhibit E

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Emergency MOTION to Stay Under 5 U.S.C. § 705 by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(Reuveni, Erez) (Entered: 02/26/2026)

NOTICE of Appearance by Michelle Lapointe on behalf of All Plaintiffs (Lapointe, Michelle) (Entered: 02/27/2026)

NOTICE of Appearance by Allyson R. Scher on behalf of All Plaintiffs (Scher, Allyson) (Entered: 02/27/2026)

NOTICE of Appearance by Papu Sandhu on behalf of All Defendants (Sandhu, Papu) (Entered: 02/27/2026)

NOTICE of Appearance by Suchita Mathur on behalf of AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER (Mathur, Suchita) (Entered: 02/27/2026)

SUMMONS (4) Issued as to PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice and Consent) (zjd) (Entered: 02/27/2026)

1 Notice and Consent

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NOTICE of Appearance by Christopher Ian Pryby on behalf of All Defendants (Pryby, Christopher) (Entered: 02/27/2026)

NOTICE of Appearance by Joshua Clem on behalf of All Defendants (Clem, Joshua) (Entered: 02/27/2026)

REQUEST FOR SUMMONS TO ISSUE filed by HIAS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Summons for Bondi, # 2 Summons for DOJ, # 3 Summons for EOIR, # 4 Summons for Margolin)(Reuveni, Erez) (Entered: 02/27/2026)

NOTICE of Appearance by Keren Hart Zwick on behalf of All Plaintiffs (Zwick, Keren) (Entered: 02/27/2026)

Case Assigned/Reassigned

Notice of Error- New Case

.Order AND ~Util - Set/Reset Hearings

Scheduling Conference AND ~Util - Set/Reset Deadlines/Hearings

NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error needs correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney for the District of Columbia & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zjd)

Case Assigned to Judge Randolph D. Moss. (zjd)

MINUTE ORDER: In light of Plaintiffs' Emergency Motion to Stay, Dkt. 2, it is hereby ORDERED that the parties appear for a scheduling conference today, February 27, 2026, at 4:00 p.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 2/27/26. (lcrdm2)

Minute Entry for proceedings held before Judge Randolph D. Moss: The Court held a scheduling conference on February 27, 2026, during which the parties presented brief argument on the pending motion. The Court set the following deadlines: Defendants Response to the motion is due on or before March 3, 2026. Plaintiffs Reply is due on or before March 5, 2026. Motion Hearing is scheduled for March 6, 2026 at 12:00 PM, to be held in person in Courtroom 8 before Judge Randolph D. Moss. (Court Reporter Sherry Lindsay) (zglw)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: In light of the narrow legal issue presented by Plaintiffs' notice-and-comment claim under Section 706(2)(D), Count I, Dkt. 1 at 42 (Compl. 121-27), and the lack of discernible factual disputes related to that claim, it is hereby ORDERED that the parties file a status report on or before 12:00 p.m. on March 2, 2026, informing the Court of whether it would be appropriate to treat the pending motion for a Section 705 stay, Dkt. 2, in the alternative, as a motion for summary judgment as to that claim, and any specific objections either party may have to the Court proceeding in that manner. Cf. Fed. R. Civ. P. 56 & 65(a)(2); see also Purdue Univ. v. Scalia, No. 20-cv-3006, 2020 WL 7340156, at *4, *5 (D.D.C. Dec. 14, 2020). Signed by Judge Randolph D. Moss on 3/1/26. (lcrdm2)

SUMMONS (1) Issued Electronically as to U.S. Attorney (znmw) (Entered: 03/02/2026)

SUMMONS (4) Reissued Electronically as to PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney General. (znmw) (Entered: 03/02/2026)

STATUS REPORT by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Scher, Allyson) (Entered: 03/02/2026)

STATUS REPORT by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Sandhu, Papu) (Entered: 03/02/2026)

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 2/27/26; Page Numbers: 1-45. Date of Issuance:3/2/26. Court Reporter: Sherry Lindsay, Email: sherry_lindsay@dcd.uscourts.gov, 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 3/23/2026. Redacted Transcript Deadline set for 4/2/2026. Release of Transcript Restriction set for 5/31/2026.(stl) (Entered: 03/02/2026)

MEMORANDUM OPINION AND ORDER: Upon consideration of the parties' submissions, Dkts. 14 and 15, and for the reasons stated herein, the Court will treat the pending motion as a motion for summary judgment on the notice-and-comment claim or, in the alternative, as a motion for a Section 705 stay on all of the issues Plaintiffs raise. See document for details. Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2) (Entered: 03/02/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mary M. Georgevich, Filing fee $ 100, receipt number ADCDC-12274419. Fee Status: Fee Paid. by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Declaration Ex. A - Declaration of Mary Georgevich, # 2 Exhibit Ex. B - Certificate of Good Standing, # 3 Text of Proposed Order)(Zwick, Keren) (Entered: 03/02/2026)

Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiffs' Emergency Motion for a Stay by FORMER IMMIGRATION JUDGES AND FORMER MEMBERS OF THE BOARD OF IMMIGRATION APPEALS. (Attachments: # 1 Proposed Brief of Amici, # 2 Text of Proposed Order)(Jacob, John) (Entered: 03/02/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nicole May, Filing fee $ 100, receipt number ADCDC-12274569. Fee Status: Fee Paid. by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Attachments: # 1 Declaration Ex. A - Declaration of Nicole May, # 2 Exhibit Ex. B - Certificate of Good Standing, # 3 Text of Proposed Order)(Zwick, Keren) (Entered: 03/02/2026)

MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Summary Judgment and Motion to Stay Agency Action by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Sandhu, Papu) (Entered: 03/02/2026)

Unopposed MOTION for Leave to File Excess Pages by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Pryby, Christopher) (Entered: 03/02/2026)

NOTICE of Appearance by Mary Georgevich on behalf of All Plaintiffs (Georgevich, Mary) (Entered: 03/02/2026)

AMICUS BRIEF by FORMER IMMIGRATION JUDGES AND FORMER MEMBERS OF THE BOARD OF IMMIGRATION APPEALS. (znmw) (Entered: 03/03/2026)

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

Order on Motion for Leave to File Excess Pages

Order on Motion for Leave to File Amicus Brief

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time to File Response, Dkt. 21, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the current briefing schedule and the oral argument, currently scheduled for noon on March 6, 2026, is VACATED and the parties shall, instead, comply with the following schedule:March 4, 2026 at 12:00 p.m.: Defendants' Response March 6, 2026 at 10:00 a.m.: Plaintiffs' Reply March 6, 2026 at 2:00 p.m. in Courtroom 8: Oral Argument Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2)

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice 18, it is hereby ORDERED that the motion is GRANTED. Mary M. Georgevich is hereby granted leave to appear pro hac vice in this case. 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 Randolph D. Moss on 3/2/26. (lcrdm2)

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Admission Pro Hac Vice 20, it is hereby ORDERED that the motion is GRANTED. Nicole May is hereby granted leave to appear pro hac vice in this case. 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 Randolph D. Moss on 3/2/26. (lcrdm2) Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2)

MINUTE ORDER: Upon consideration of the Unopposed Motion for Leave to File Amicus Brief in Support of Plaintiffs' Emergency Motion for a Stay, Dkt. 19, it is hereby ORDERED that the motion is GRANTED, and the Amicus Brief, Dkt. 19-1, is DEEMED filed. Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2)

MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for Leave to File Excess Pages, Dkt. 22, it is hereby ORDERED that the motion is GRANTED Signed by Judge Randolph D. Moss on 3/2/26. (lcrdm2)

Set/Reset Hearings

Set/Reset Hearings: Motion Hearing reset for 3/6/2026 at 02:00 PM in Courtroom 8- In Person before Judge Randolph D. Moss. (zglw)

MOTION for Discovery Under Fed. R. Civ. P. 56(d) by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Declaration of Daren Margolin, # 2 Text of Proposed Order)(Pryby, Christopher) (Entered: 03/04/2026)

1 Exhibit Declaration of Daren Margolin

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2 Text of Proposed Order

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Memorandum in Opposition to re 2 MOTION to Stay filed by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, U.S. DEPARTMENT OF JUSTICE, DAREN K. MARGOLIN. (Sandhu, Papu) Modified event title on 3/5/2026 (znmw). Modified party on 3/5/2026 pursuant to Counsel (mg). (Entered: 03/04/2026)

ERRATA Including Tables for Memorandum by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE re 26 Reply to Document. (Attachments: # 1 Errata Notice and Explanation of Errata)(Sandhu, Papu) (Entered: 03/04/2026)

NOTICE of Appearance by Tyler J. Becker on behalf of All Defendants (Becker, Tyler) (Entered: 03/04/2026)

NOTICE of Hearing Topics for Declarants by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE (Becker, Tyler) (Entered: 03/04/2026)

.Order AND ~Util - Set/Reset Hearings

Status Conference

MINUTE ORDER: In light of Defendants Motion for Discovery Under Federal Rule of Civil Procedure 56(d), Dkt. 25, it is hereby ORDERED that the parties appear for a teleconference via Zoom at 3:00 p.m. today, March 4, 2026, to discuss next steps. The parties are directed to reach out to the Courtroom Deputy for login information. Signed by Judge Randolph D. Moss on 3/4/26. (lcrdm2)

Minute Entry for proceedings held before Judge Randolph D. Moss: Discovery Status Conference held on 3/4/2026 virtually. For the reasons stated on the record the parties will meet and confer in preparation for the Hearing set for 3/6/26. Plaintiffs oral motion for virtual appearances (for witnesses or attorneys unable to attend in person) and to make the public telephonic line available for the 3/6/26 hearing was granted. Plaintiffs oral motion to extend the page limit for their filings was also granted. Public Telephonic line available for use is 1-833-990-9400, Meeting ID is 043781081. (Court Reporter Sherry Lindsay.) (zglw)

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 3/4/2026; Page Numbers: 1-60. Date of Issuance:3/5/2026. Court Reporter: Sherry Lindsay, Email: sherry_lindsay@dcd.uscourts.gov, 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 3/26/2026. Redacted Transcript Deadline set for 4/5/2026. Release of Transcript Restriction set for 6/3/2026.(stl) (Entered: 03/05/2026)

REPLY to opposition to motion re 2 Motion to Stay, filed by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, FORMER IMMIGRATION JUDGES AND FORMER MEMBERS OF THE BOARD OF IMMIGRATION APPEALS, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Scher, Allyson) (Entered: 03/06/2026)

Motion Hearing

Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 3/6/2026 re 2 Emergency MOTION to Stay Under 5 U.S.C. § 705. Witness L. St. John was sworn and provided testimony. Counsel for the parties presented oral argument. Matter taken under advisement. (Court Reporter Sherry Lindsay) (zglw)

MEMORANDUM OPINION: For the reasons stated herein, it is hereby ORDERED that Plaintiffs' motion for partial summary judgment, Dkt. 2, is GRANTED in part and DENIED in part; and that Plaintiffs' Emergency Motion for Stay under 5 U.S.C. 705, Dkt. 2, is DENIED in part as moot and DENIED in all other respects. It is further ORDERED that, for the reasons stated on the record at oral argument, see Min. Entry (Mar. 6, 2026), at the March 4, 2026 hearing, see Min. Entry (Mar. 4, 2026), and stated herein, that Defendants' Motion for Discovery Under Fed. R. Civ. P. 56(d), is DENIED in part as moot and DENIED in all other respects. It is further ORDERED that the parties appear for a status conference on March 9, 2026 at 2:00 p.m. in Courtroom 8 to discuss next steps. Signed by Judge Randolph D. Moss on 3/8/26. (lcrdm2) (Entered: 03/08/2026)

ORDER: For the reasons stated in the Court's Memorandum Opinion, Dkt. 32, it is hereby ORDERED that the parties shall comply with the directives in the attached order. See document for details. Signed by Judge Randolph D. Moss on 3/8/26. (lcrdm2) (Entered: 03/08/2026)

NOTICE of Appearance by Catherine Carroll on behalf of AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER (Carroll, Catherine) (Entered: 03/09/2026)

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 3/6/26; Page Numbers: 1-132. Date of Issuance:3/9/26. Court Reporter: Sherry Lindsay, Email: sherry_lindsay@dcd.uscourts.gov, 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 3/30/2026. Redacted Transcript Deadline set for 4/9/2026. Release of Transcript Restriction set for 6/7/2026.(stl) (Entered: 03/09/2026)

Status Conference AND ~Util - Set/Reset Deadlines

Minute Entry for Status Conference held on 3/9/2026 before Judge Randolph D. Moss. Parties discussed posture of the case. The Parties are to file a Joint Status Report by 3/13/2026. Court Reporter: Sherry Lindsay. (zljn)

NOTICE of Appearance by Robin F. Thurston on behalf of All Plaintiffs (Thurston, Robin) (Entered: 03/10/2026)

STATUS REPORT by PAMELA J. BONDI, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DAREN K. MARGOLIN, U.S. DEPARTMENT OF JUSTICE. (Pryby, Christopher) (Entered: 03/13/2026)

STATUS REPORT by AMICA CENTER FOR IMMIGRANT RIGHTS, BROOKLYN DEFENDER SERVICES, FLORENCE IMMIGRANT AND REFUGEE RIGHTS PROJECT, FORMER IMMIGRATION JUDGES AND FORMER MEMBERS OF THE BOARD OF IMMIGRATION APPEALS, HIAS, NATIONAL IMMIGRANT JUSTICE CENTER. (Scher, Allyson) (Entered: 03/13/2026)

.Order

MINUTE ORDER: In their status report, Plaintiffs request that the Court "clarify [] to the extent that the IFR's changes to 8 C.F.R. 1003(c) remain in effect [] that the text does not supersede 1003.1(e)(3) or provide new discretion for the agency to determine when transcripts are 'warranted.'" Dkt. 38 at 2. The Court concludes, however, that additional clarification is not required because the government has now represented on the record that "the IFR did not change the process by which transcripts of immigration court proceedings are made available to the parties on appeal before the Board;" "the IFR did not alter the procedure set forth in 8 C.F.R. 1003.1(e)(3);" and the "parties to an appeal before the Board are provided transcripts in those same cases where transcripts were provided prior to the IFR." Dkt. 37 at 2. The Court has relied on those representations in declining to take further action, and, accordingly, they will bind Defendants for purposes of this litigation. As a result, no further action is required at this time. Signed by Judge Randolph D. Moss on 3/18/26. (lcrdm2)

.Order

MINUTE ORDER: In light of the Stipulation to Stay Pending Final Rule, Dkt. 45, it is hereby ORDERED that this case and all pending deadlines are STAYED pending the completion of the notice-and-comment period and promulgation of the Final Rule. It is further ORDERED that Defendants file a status report, notifying the Court of the promulgation of the Final Rule, within 24 hours of the Final Rules promulgation. Signed by Judge Randolph D. Moss on 4/10/26. (lcrdm2)

Case Stayed (zglw)

Case Stayed

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