Case: University Corporation for Atmospheric Research v. National Science Foundation

COMPLAINT against Neil Jacobs, Howard Lutnick, National Oceanic and Atmospheric Administration, National Science Foundation, Brian Stone, UNITED STATES DEPARTMENT OF COMMERCE, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET, Russell Vought (Filing fee $ 405,Receipt Number ACODC-10882565)Attorney Michael M. Purpura added to party University Corporation for Atmospheric Research(pty:pla), filed by University Corporation for Atmospheric Research. (Attachments: # 1 Exhibit 1 - Dear Colleague Letter, # 2 Exhibit 2 - Cooperative Agreement, # 3 Exhibit 3 - Letter, # 4 Exhibit 4 - Letter, # 5 Exhibit 5 - Email, # 6 Exhibit 6 - Letter, # 7 Exhibit 7 - Award Termination Letter, # 8 Exhibit 8 - Appeal Letter, # 9 Exhibit 9 - Appeal Response Email, # 10 Exhibit 10 - Email, # 11 Exhibit 11 - Letter, # 12 Exhibit 12 - FATC Modifications, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Civil Cover Sheet)(Purpura, Michael) (Entered: 03/16/2026)

1 Exhibit 1 - Dear Colleague Letter

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2 Exhibit 2 - Cooperative Agreement

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3 Exhibit 3 - Letter

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4 Exhibit 4 - Letter

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5 Exhibit 5 - Email

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6 Exhibit 6 - Letter

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7 Exhibit 7 - Award Termination Letter

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8 Exhibit 8 - Appeal Letter

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9 Exhibit 9 - Appeal Response Email

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10 Exhibit 10 - Email

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11 Exhibit 11 - Letter

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12 Exhibit 12 - FATC Modifications

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13 Summons

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14 Summons

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15 Summons

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16 Summons

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17 Summons

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18 Summons

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19 Summons

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20 Summons

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21 Summons

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22 Summons

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23 Civil Cover Sheet

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NOTICE of Entry of Appearance by Bram M. Alden on behalf of University Corporation for Atmospheric ResearchAttorney Bram M. Alden added to party University Corporation for Atmospheric Research(pty:pla) (Alden, Bram) (Entered: 03/16/2026)

Case assigned to Judge Robert E. Blackburn. Text Only Entry. (dhern, ) (Entered: 03/16/2026)

SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Magistrate Judge Consent Form) (dhern, ) (Entered: 03/16/2026)

1 Summons

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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 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Magistrate Judge Consent Form

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ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Complaint,,,, filed by attorney Michael M. Purpura. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (dhern, ) (Entered: 03/16/2026)

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 2 Notice of Entry of Appearance filed by attorney Bram M. Alden. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (ggill, ) (Entered: 03/17/2026)

ORDER DIRECTING REASSIGNMENT. IT IS ORDERED that the clerk shall assign this case to a judge for resolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R 40.1. (Case randomly reassigned to Magistrate Judge Cyrus Y. Chung for all further proceedings. All future pleadings shall be designated to 26-cv-01061-CYC). By Judge Robert E. Blackburn on 3/17/2026. (ggill, ) (Entered: 03/17/2026)

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (ggill, ) (Entered: 03/17/2026)

SUMMONS Returned Executed upon defendant(s) Neil Jacobs served on 3/17/2026, answer due 5/18/2026; Howard Lutnick served on 3/17/2026, answer due 5/18/2026; National Oceanic and Atmospheric Administration served on 3/17/2026, answer due 5/18/2026; National Science Foundation served on 3/17/2026, answer due 5/18/2026; Brian Stone served on 3/17/2026, answer due 5/18/2026; United States Department of Commerce served on 3/17/2026, answer due 5/18/2026; United States Office of Management and Budget served on 3/17/2026, answer due 5/18/2026; Russell Vought served on 3/17/2026, answer due 5/18/2026. (Attachments: # 1 Affidavit of Service)(Purpura, Michael) (Entered: 03/19/2026)

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff University Corporation for Atmospheric Research All parties do not consent.. (Purpura, Michael) (Entered: 03/19/2026)

NOTICE OF CASE ASSOCIATION by Michael M. Purpura on behalf of University Corporation for Atmospheric Research (Purpura, Michael) (Entered: 03/19/2026)

CASE REASSIGNED Pursuant to 10 Consent to Jurisdiction of Magistrate Judge. All parties do not consent, therefore, this case is randomly reassigned to Judge R. Brooke Jackson, and drawn to Magistrate Judge Cyrus Y. Chung for all future pleadings. All future pleadings should be designated as 26-cv-01061-RBJ. (Text Only Entry) (agryan) (Entered: 03/19/2026)

NOTICE of Entry of Appearance by Marianne F. Kies on behalf of All Defendants Attorney Marianne F. Kies added to party Neil Jacobs(pty:dft), Attorney Marianne F. Kies added to party Howard Lutnick (pty:dft), Attorney Marianne F. Kies added to party National Oceanic and Atmospheric Administration(pty:dft), Attorney Marianne F. Kies added to party National Science Foundation(pty:dft), Attorney Marianne F. Kies added to party Brian Stone(pty:dft), Attorney Marianne F. Kies added to party United States Department of Commerce (pty:dft), Attorney Marianne F. Kies added to party United States Office of Management and Budget (pty:dft), Attorney Marianne F. Kies added to party Russell Vought(pty:dft) (Kies, Marianne) (Entered: 03/20/2026)

MINUTE ORDER The Court orders that the parties confer and attempt to agree on a schedule and then file a proposed scheduling order no later than 45 days after the answer, motion to dismiss, or other response to the complaint is filed pointing out any areas of disagreement. The parties shall email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and e-file it into CM/ECF. Without holding a Scheduling Conference, the Court will review and enter the order making such amendments and rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. If the parties prefer that the Court hold a Scheduling Conference, please notify Chambers by email by the date the proposed scheduling order is due, and the Court's staff will provide the parties with a Scheduling Conference date. The proposed scheduling order should be prepared as described in the Local Rules. Instructions for the preparation of a scheduling order and a form scheduling order can be downloaded from the Courts website: http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx. by Judge R. Brooke Jackson on 3/20/26. Text Only Entry (rbjlc8, ) (Entered: 03/20/2026)

Minute Order

NOTICE of Entry of Appearance by Alexander J. Severance on behalf of All Defendants Attorney Alexander J. Severance added to party Neil Jacobs(pty:dft), Attorney Alexander J. Severance added to party Howard Lutnick (pty:dft), Attorney Alexander J. Severance added to party National Oceanic and Atmospheric Administration(pty:dft), Attorney Alexander J. Severance added to party National Science Foundation(pty:dft), Attorney Alexander J. Severance added to party Brian Stone(pty:dft), Attorney Alexander J. Severance added to party United States Department of Commerce (pty:dft), Attorney Alexander J. Severance added to party United States Office of Management and Budget (pty:dft), Attorney Alexander J. Severance added to party Russell Vought(pty:dft) (Severance, Alexander) (Entered: 03/26/2026)

NOTICE of Entry of Appearance of Austin Reagan by Bram M. Alden on behalf of University Corporation for Atmospheric Research (Alden, Bram) (Entered: 04/03/2026)

NOTICE of Entry of Appearance of Emilie Miner by Bram M. Alden on behalf of University Corporation for Atmospheric Research (Alden, Bram) (Entered: 04/03/2026)

MOTION for Preliminary Injunction by Plaintiff University Corporation for Atmospheric Research. (Attachments: # 1 Affidavit DECLARATION OF ANTONIO J. BUSALACCHI, JR., # 2 Exhibit A to DECLARATION OF ANTONIO J. BUSALACCHI, JR., # 3 Affidavit Declaration of Everette Joseph, # 4 Exhibit A to Declaration of Everette Joseph, # 5 Exhibit B to Declaration of Everette Joseph, # 6 Exhibit C to Declaration of Everette Joseph, # 7 Affidavit Declaration of Ian McPherson, # 8 Exhibit A to Declaration of Ian McPherson, # 9 Exhibit B to Declaration of Ian McPherson, # 10 Exhibit C to Declaration of Ian McPherson, # 11 Exhibit D to Declaration of Ian McPherson, # 12 Exhibit E to Declaration of Ian McPherson, # 13 Affidavit Declaration of Jasen Boyington (REDACTED))(Alden, Bram) (Entered: 04/03/2026)

1 Affidavit DECLARATION OF ANTONIO J. BUSALACCHI, JR.

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2 Exhibit A to DECLARATION OF ANTONIO J. BUSALACCHI, JR.

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3 Affidavit Declaration of Everette Joseph

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4 Exhibit A to Declaration of Everette Joseph

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5 Exhibit B to Declaration of Everette Joseph

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6 Exhibit C to Declaration of Everette Joseph

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7 Affidavit Declaration of Ian McPherson

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8 Exhibit A to Declaration of Ian McPherson

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9 Exhibit B to Declaration of Ian McPherson

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10 Exhibit C to Declaration of Ian McPherson

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11 Exhibit D to Declaration of Ian McPherson

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12 Exhibit E to Declaration of Ian McPherson

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13 Affidavit Declaration of Jasen Boyington (REDACTED)

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MOTION to Expedite PLAINTIFFS MOTION FOR EXPEDITED BRIEFING SCHEDULE AND LIMITED DISCOVERY IN SUPPORT OF PRELIMINARY INJUNCTION by Plaintiff University Corporation for Atmospheric Research. (Attachments: # 1 Proposed Order (PDF Only))(Alden, Bram) (Entered: 04/03/2026)

1 Proposed Order (PDF Only)

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RESTRICTED DOCUMENT - Level 1: PLAINTIFF UNIVERSITY CORPORATION FOR ATMOSPHERIC RESEARCHS UNOPPOSED MOTION TO RESTRICT THE DECLARATION OF DAVID DOTY AND ITS ACCOMPANYING EXHIBITS AND THE DECLARATION OF JASEN BOYINGTON, BOTH IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Plaintiff University Corporation for Atmospheric Research.. (Attachments: # 1 Affidavit Declaration of Jasen Boyington UNREDACTED (file under seal), # 2 Affidavit Declaration of David Doty (file under seal, # 3 Exhibit A.1 to Doty Declaration, # 4 Exhibit A.2 to Doty Declaration, # 5 Exhibit A.3 to Doty Declaration, # 6 Exhibit A.4 to Doty Declaration, # 7 Exhibit B.1 to Doty Declaration, # 8 Exhibit B.2 to Doty Declaration, # 9 Exhibit C.1 to Doty Declaration, # 10 Exhibit C.2 to Doty Declaration, # 11 Exhibit D.1 to Doty Declaration, # 12 Exhibit D.2 to Doty Declaration, # 13 Exhibit E.1 to Doty Declaration, # 14 Exhibit E.2 to Doty Declaration, # 15 Exhibit F.1 to Doty Declaration, # 16 Exhibit F.2 to Doty Declaration, # 17 Exhibit G.1 to Doty Declaration, # 18 Exhibit G.2 to Doty Declaration, # 19 Proposed Order (PDF Only))(Alden, Bram) (Entered: 04/03/2026)

MOTION for Extension of Time to Motion to Set Default Schedule to Brief Plaintiff's Motions for Preliminary Injunction and Expedited Discovery (ECF 18, 19) by Defendants Neil Jacobs, Howard Lutnick, National Oceanic and Atmospheric Administration, National Science Foundation, Brian Stone, United States Department of Commerce, United States Office of Management and Budget, Russell Vought. (Attachments: # 1 Exhibit A (Mar. 27, 2026 Correspondence))(Kies, Marianne) (Entered: 04/03/2026)

1 Exhibit A (Mar. 27, 2026 Correspondence)

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BRIEF in Opposition to 21 MOTION for Extension of Time to Motion to Set Default Schedule to Brief Plaintiff's Motions for Preliminary Injunction and Expedited Discovery (ECF 18, 19) filed by Plaintiff University Corporation for Atmospheric Research. (Attachments: # 1 Affidavit Declaration of Bram M. Alden, # 2 Exhibit A to Alden Declaration, # 3 Exhibit B to Alden Declaration, # 4 Exhibit C to Alden Declaration, # 5 Exhibit D to Alden Declaration, # 6 Exhibit E to Alden Declaration)(Alden, Bram) (Entered: 04/05/2026)

NOTICE of Entry of Appearance by Joseph E. Borson on behalf of All Defendants Attorney Joseph E. Borson added to party Neil Jacobs(pty:dft), Attorney Joseph E. Borson added to party Howard Lutnick (pty:dft), Attorney Joseph E. Borson added to party National Oceanic and Atmospheric Administration(pty:dft), Attorney Joseph E. Borson added to party National Science Foundation(pty:dft), Attorney Joseph E. Borson added to party Brian Stone(pty:dft), Attorney Joseph E. Borson added to party United States Department of Commerce (pty:dft), Attorney Joseph E. Borson added to party United States Office of Management and Budget (pty:dft), Attorney Joseph E. Borson added to party Russell Vought(pty:dft) (Borson, Joseph) (Entered: 04/06/2026)

REPLY to Response to 21 MOTION for Extension of Time to Motion to Set Default Schedule to Brief Plaintiff's Motions for Preliminary Injunction and Expedited Discovery (ECF 18, 19) filed by Defendants Neil Jacobs, Howard Lutnick, National Oceanic and Atmospheric Administration, National Science Foundation, Brian Stone, United States Department of Commerce, United States Office of Management and Budget, Russell Vought. (Borson, Joseph) (Entered: 04/06/2026)

MINUTE ORDER. The Court has reviewed the parties briefing related to plaintiffs Motion for Expedited Briefing Schedule and Limited Discovery (ECF Nos. 19, 21, 22). The Court finds that there is a good cause for an expedited briefing schedule but, assuming that the stewardship of the NCAR-Wyoming Supercomputing Center will not take place before the hearing, not as expedited as plaintiff requests. If that assumption is incorrect, please so indicate, and the Court with hold a Temporary Restraining Order hearing forthwith. The Court sets the following briefing schedule. Defendants response to the Motion for a Preliminary Injunction is due April 22nd. Plaintiffs reply is due April 30th. The Court will hold a preliminary injunction hearing, assuming one is necessary, on May 7th at 9:00 a.m. Plaintiff also requests the expedited discovery of two categories of communications from three individuals between December 1, 2025 and the present related to NSFs purported decision to transfer stewardship of NWSC. At this juncture, this portion of plaintiffs motion is DENIED. The discovery requests relate to the underlying agency rationale for the transfer. In other words, they pertain to plaintiffs claim that the action was arbitrary and capricious under the Administrative Procedure Act (APA), 5 USC 706(2)(A). However, as defendants point out, a reviewing court is ordinarily limited to evaluating the agencys contemporaneous explanation in light of the existing administrative record. Dept of Commerce v. New York, 588 U.S. 752, 780 (2019). The only narrow exception to the general rule against inquiring into the mental processes of administrative decisionmakers is upon a strong showing of bad faith or improper behavior. Id. (internal quotation marks and citation omitted). Presumably, the communications that plaintiff seeks are not part of the administrative record, and therefore, ordering defendants to produce them at this juncture would be inappropriate. By Judge R. Brooke Jackson on 4/6/2026. Text Only Entry. (rbjlc9, ) (Entered: 04/06/2026)

Minute Order

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