Case: State of New York v. United States Department Of Energy

State of New York v. United States Department of Energy

State of New York et al. v. United States Department Of Energy et al.

State of New York et al. v. United States Department Of Energy et al.

State of New York et al. v. United States Department Of Energy et al.

State of New York et al. v. United States Department Of Energy et al.

State of New York v. United States Department of Energy

Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-9952850 Jury Trial Requested: No. Filed by State of Maryland, District of Columbia, State of Colorado, State of Washington, State of Oregon, State of New York, State of Wisconsin, Josh Shapiro, State of Nevada, State of Delaware, State of Minnesota, State of Illinois, State of Michigan, State of North Carolina, State of New Mexico, State of Hawaii, State of California, State of Maine, Office of the Governor, ex rel. Andy Beshear, State of Connecticut against All Defendants (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Proposed Summons). (Marshall, Brian) (Entered: 08/15/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Civil Cover Sheet

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7 Proposed Summons

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Notice of Case Assignment to Judge Mustafa T. Kasubhai and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 12/16/2025. Joint Alternate Dispute Resolution Report is due by 1/15/2026. Pretrial Order is due by 1/15/2026. Ordered by Judge Mustafa T. Kasubhai. (sss) (Entered: 08/18/2025)

Summons Issued Electronically as to United States Department Of Energy, Chris Wright. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 08/18/2025)

Case Management Order signed on 8/18/2025 by Judge Mustafa T. Kasubhai. (bd) (Entered: 08/18/2025)

NOTICE TO NON-ADMITTED COUNSEL: Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by LR 83, and information about the admissions process is available on the admissions page of the Court website. (sss) (Entered: 08/18/2025)

Notice of Appearance of Rabia Muqaddam appearing on behalf of State of New York. Filed by on behalf of State of New York. (Muqaddam, Rabia) (Entered: 08/18/2025)

Notice of Appearance of Daniel Paul Mosteller appearing on behalf of State of North Carolina. Filed by on behalf of State of North Carolina. (Mosteller, Daniel) (Entered: 08/18/2025)

Notice of Appearance of Jessica Ranucci appearing on behalf of State of New York. Filed by on behalf of State of New York. (Ranucci, Jessica) (Entered: 08/18/2025)

Notice to Non-Admitted Counsel

Notice of Appearance of Elena S. Meth appearing on behalf of State of Illinois. Filed by on behalf of State of Illinois. (Meth, Elena) (Entered: 08/19/2025)

Notice of Appearance of Carrie Noteboom, Phalen Kohlruss-Reuman, Jessica Lowrey appearing on behalf of State of Colorado. Filed by on behalf of State of Colorado. (Noteboom, Carrie) (Entered: 08/19/2025)

Notice of Appearance of Jill Lacedonia appearing on behalf of State of Connecticut. Filed by on behalf of State of Connecticut. (Lacedonia, Jill) (Entered: 08/19/2025)

Notice of Appearance of Robert Newman Brewer appearing on behalf of State of Maryland. Filed by on behalf of State of Maryland. (Brewer, Robert) (Entered: 08/19/2025)

Notice of Appearance of Cara A. Hendrickson appearing on behalf of State of Illinois. Filed by on behalf of State of Illinois. (Hendrickson, Cara) (Entered: 08/19/2025)

Notice of Appearance of Katherine Bies appearing on behalf of State of Minnesota. Filed by on behalf of State of Minnesota. (Bies, Katherine) (Entered: 08/19/2025)

Return of Service Executed as to All Defendants. Service specifically made upon Local U.S. Attorney. (Muqaddam, Rabia) (Entered: 08/19/2025)

Notice of Association of Attorney of Marie Elizabeth Logan appearing on behalf of State of California Appearance of Counsel. Filed by on behalf of State of California. (Logan, Marie) (Entered: 08/19/2025)

Notice of Appearance of Ian Liston, Rosanna E. Gibson, Vanessa L. Kassab appearing on behalf of State of Delaware. Filed by on behalf of State of Delaware. (Liston, Ian) (Entered: 08/20/2025)

Notice of Appearance of Lauren Miller Marks appearing on behalf of District of Columbia. Filed by on behalf of District of Columbia. (Marks, Lauren) (Entered: 08/20/2025)

Notice of Appearance of Heidi Parry Stern appearing on behalf of State of Nevada. Filed by on behalf of State of Nevada. (Stern, Heidi) (Entered: 08/20/2025)

Notice of Appearance of Kate S. Worthington appearing on behalf of State of Washington. Filed by on behalf of State of Washington. (Worthington, Kate) (Entered: 08/20/2025)

Notice of Appearance of Steven Travis Mayo appearing on behalf of Office of the Governor, ex rel. Andy Beshear,in his official capacity as Governor of the Commonwealth of Kentucky. Filed by on behalf of Office of the Governor, ex rel. Andy Beshear. (Mayo, Steven) (Entered: 08/20/2025)

Notice of Appearance of Laura Crittenden Tipton appearing on behalf of Office of the Governor, ex rel. Andy Beshear. Filed by on behalf of Office of the Governor, ex rel. Andy Beshear. (Tipton, Laura) (Entered: 08/22/2025)

Notice of Appearance of Kalikoonalani Diara Fernandes, David Dana Day appearing on behalf of State of Hawaii. Filed by on behalf of State of Hawaii. (Fernandes, Kalikoonalani) (Entered: 08/22/2025)

Affidavit of Service of Summons Issued, 3 upon All Defendants Filed by State of Oregon. (Hartmann, Leanne) (Entered: 08/22/2025)

Notice of Appearance of Jacob Boyer appearing on behalf of Josh Shapiro. Filed by on behalf of Josh Shapiro. (Boyer, Jacob) (Entered: 08/25/2025)

Notice of Appearance of Neil Giovanatti appearing on behalf of State of Michigan. Filed by on behalf of State of Michigan. (Giovanatti, Neil) (Entered: 08/27/2025)

Notice of Appearance of I-Heng Hsu appearing on behalf of Chris Wright, United States Department Of Energy. Filed by on behalf of Chris Wright, United States Department Of Energy. (Hsu, I-Heng) (Entered: 08/27/2025)

Motion for Partial Summary Judgment . Oral Argument requested.Expedited Hearing requested. Filed by State of New York. (Muqaddam, Rabia) (Entered: 08/27/2025)

Affidavit of Jessica Ranucci in Support of Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of David Althoff Jr. in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Janine Benner in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Exhibit 1) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Joseph Denicola in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Steve Divan in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Joseph Fontaine in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Dominique Gomez in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Rebecca W. Goodman in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Jennifer Martin-Gallardo in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Paul McDonald in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Joe Nguyen in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Melissa Pawlisch in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Exhibit 1) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Paul G. Pinsky in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Jacob Poeschel in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Pam Poisson in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Michael Schwing in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Declaration of Brett Swan in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Notice of Appearance of Michael Tye appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Tye, Michael) (Entered: 08/27/2025)

Declaration of Julie Woosley in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

Notice of Appearance of Polly Synk appearing on behalf of State of Michigan. Filed by on behalf of State of Michigan. (Synk, Polly) (Entered: 08/28/2025)

Notice of Appearance of Scott William Boak appearing on behalf of State of Maine. Filed by on behalf of State of Maine. (Boak, Scott) (Entered: 08/28/2025)

Notice of Appearance of Caleb Edward Elwell appearing on behalf of State of Maine. Filed by on behalf of State of Maine. (Elwell, Caleb) (Entered: 08/28/2025)

SCHEDULING ORDER by Judge Mustafa T. Kasubhai regarding Motion for Partial Summary Judgment 28 . Defendants' Response to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 28 ) is due 9/15/2025. Plaintiffs' Reply is due 9/25/2025. Oral argument is set for 9:30 A.M. on 9/29/2025 in Eugene Courtroom 1 before Judge Mustafa T. Kasubhai. Each party is ordered to submit to chambers bench copies of all exhibits offered in support of their motion or opposition as soon as practicable after briefing on the motion is complete, but at latest 7 days before the date of oral argument. (bd) Modified on 8/28/2025 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) Modified on 8/28/2025 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/28/2025)

1 - Scheduling

ORDER by Judge Mustafa T. Kasubhai: The Parties are ordered to submit a joint status report by 9/5/2025 advising the Court of the status of the conferral on the topic of a voluntary stay on the policy at issue in this case, as referenced in Plaintiffs' Motion for Partial Summary Judgment. (bd) (Entered: 08/29/2025)

1 - Scheduling

Notice of Appearance. Filed by State of New Mexico. (Noferi, Mark) Modified on 9/3/2025 to terminate motion and correct docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 09/02/2025)

Joint Status Report by All Plaintiffs. Filed by All Plaintiffs. (Ranucci, Jessica) (Entered: 09/05/2025)

Memorandum in Opposition to Motion for Partial Summary Judgment 28 . Filed by United States Department Of Energy, Chris Wright. (Hsu, I-Heng) (Entered: 09/15/2025)

Declaration of Pamela Lavergne in Support of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment. Filed by United States Department Of Energy, Chris Wright. (Related document(s): Memorandum in Opposition 55 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Hsu, I-Heng) (Entered: 09/15/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Declaration of Ari Gerstman in Support of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment. Filed by United States Department Of Energy, Chris Wright. (Related document(s): Memorandum in Opposition 55 .) (Attachments: # 1 Exhibit A) (Hsu, I-Heng) (Entered: 09/15/2025)

1 Exhibit A

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Declaration of Derek Schroeder in Support of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment. Filed by United States Department Of Energy, Chris Wright. (Related document(s): Memorandum in Opposition 55 .) (Attachments: # 1 Exhibit A) (Hsu, I-Heng) (Entered: 09/15/2025)

1 Exhibit A

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Motion to Dismiss for Lack of Jurisdiction . Filed by All Defendants. (Tye, Michael) (Entered: 09/15/2025)

Notice of Appearance of Aaron Bibb appearing on behalf of State of Wisconsin. Aaron Bibb,Aaron Bibb,Aaron Bibb for State of Wisconsin,Aaron Bibb,Aaron Bibb,Aaron Bibb,Aaron Bibb for State of Wisconsin. Filed by on behalf of State of Wisconsin. (Bibb, Aaron) (Entered: 09/23/2025)

Amended Complaint . Filed by State of Maryland, District of Columbia, State of Washington, State of Colorado, State of Oregon, State of New York, State of Wisconsin, State of Nevada, Josh Shapiro, State of Delaware, State of Minnesota, State of Illinois, State of Michigan, State of North Carolina, State of New Mexico, State of Hawaii, State of California, Office of the Governor, ex rel. Andy Beshear, State of Maine, State of Connecticut, Commonwealth of Massachusetts against United States Department Of Energy, Chris Wright (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Attachment Redline of Amended Complaint). (Ranucci, Jessica) (Entered: 09/23/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Attachment Redline of Amended Complaint

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Notice of Appearance of Katherine Brady Dirks appearing on behalf of Commonwealth of Massachusetts. Filed by on behalf of Commonwealth of Massachusetts. (Dirks, Katherine) (Entered: 09/25/2025)

Reply in support of to Motion for Partial Summary Judgment 28 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Ranucci, Jessica) (Entered: 09/25/2025)

Supplemental Declaration of Janine Benner in support of Plaintiffs' Motion for Partial Summary Judgment 28 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Ranucci, Jessica) Modified on 9/26/2025 to add document link. NEF regenerated. (jw) (Entered: 09/25/2025)

Declaration of Kathie Dello in support of Plaintiffs' Motion for Partial Summary Judgment 28 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Ranucci, Jessica) Modified on 9/26/2025 to add document link. NEF regenerated. (jw) (Entered: 09/25/2025)

Supplemental Declaration of Rebecca Goodman in support of Plaintiffs' Motion for Partial Summary Judgment 28 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Ranucci, Jessica) Modified on 9/26/2025 to add document link. NEF regenerated. (jw) (Entered: 09/25/2025)

Declaration of Elizabeth Mahony in support of Plaintiffs' Motion for Partial Summary Judgment 28 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Ranucci, Jessica) Modified on 9/26/2025 to add document link. NEF regenerated. (jw) (Entered: 09/25/2025)

Supplemental Declaration of Pam Poisson in support of Plaintiffs' Motion for Partial Summary Judgment. (Related document: Motion for Partial Summary Judgment 28 .) Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Ranucci, Jessica) Modified on 9/26/2025 to add document link and update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 09/25/2025)

Response in Opposition to Motion to Dismiss for Lack of Jurisdiction 59 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Ranucci, Jessica) (Entered: 09/25/2025)

Notice of Appearance of Aaron Bibb appearing on behalf of State of Wisconsin. Aaron Bibb,Aaron Bibb for State of Wisconsin,Aaron Bibb,Aaron Bibb,Aaron Bibb for State of Wisconsin. Filed by on behalf of State of Wisconsin. (Bibb, Aaron) (Entered: 09/26/2025)

Supplemental Declaration of Janine Benner with Exhibit, previously filed at ECF No. 64. Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Attachments: # 1 Exhibit 1) (Ranucci, Jessica) (Entered: 09/26/2025)

Notice of Appearance of Nathaniel Haviland-Markowitz appearing on behalf of Commonwealth of Massachusetts. Filed by on behalf of Commonwealth of Massachusetts. (Haviland-Markowitz, Nathaniel) (Entered: 09/29/2025)

MINUTES of Proceedings: Motion Hearing held before Judge Mustafa T. Kasubhai regarding Motion for Partial Summary Judgment 28, Motion to Dismiss/Lack of Jurisdiction 59 . The Court takes the motions under advisement. Formal order to follow. Plaintiffs are ordered to file a proposed order regarding remedies by 10/8/2025. The proposed order should include a brief summary of the authority supporting such remedies. Defendants' response to the proposed order is due 10/15/2025. Jessica Ranucci, Phalen Kohlruss-Reuman and Leanne Hartmann present as counsel for plaintiffs. I-Heng Hsu present as counsel for defendants. (Court Reporter: Lindsey Weresch.) (bd) (Entered: 09/29/2025)

9CONV - Schedules - Set/Reset/Terminate AND Motion Hearing Held

Transcript Designation and Order Form for the hearing held on 09/29/2025 before Judge Mustafa T. Kasubhai. Court Reporter: Lindsey Weresch. . Filed by State of Oregon. (Hartmann, Leanne) (Entered: 10/01/2025)

Motion for Stay . Filed by All Defendants. (Tye, Michael) (Entered: 10/08/2025)

Supplemental Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment enclosing Proposed Order. Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Proposed Order) (Ranucci, Jessica) (Entered: 10/08/2025)

1 Proposed Order

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ORDER by Judge Mustafa T. Kasubhai: Before the Court is Defendant's Motion for a Stay of Case in Light of Lapse of Appropriations (ECF No. 75 ). This Court has already held oral argument and ruled from the bench on the merits of the case (formal opinion to follow). The Court invited the parties to provide additional briefing on the narrow issue of the form of order with respect to remedy. Given the narrow scope of the remaining issues and the prejudice to Plaintiffs in delaying resolution, the Court declines to exercise its discretion to stay this case. Defendant's motion is DENIED. Defendant's response, should it still wish to file one, remains due on October 15, 2025. (bd) (Entered: 10/09/2025)

Order on Motion for Stay

Memorandum in Opposition to Plaintiffs' Proposed Order 76 . Filed by All Defendants. (Tye, Michael) Modified on 10/21/2025 to add document link. NEF regenerated. (jw) (Entered: 10/15/2025)

SCHEDULING ORDER by Judge Mustafa T. Kasubhai: Status Conference is set for 10/28/2025 at 09:00AM in Eugene by telephone before Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent to the parties by e-mail prior to the hearing. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. (bd) (Entered: 10/20/2025)

1 - Scheduling

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 09/29/2025 before Judge Mustafa T. Kasubhai, Court Reporter Lindsey Weresch, telephone number (503)326-8047 or lindsey_weresch@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/29/2025. Redaction Request due 11/12/2025. Redacted Transcript Deadline set for 11/24/2025. Release of Transcript Restriction set for 1/20/2026. (Weresch, Lindsey) (Entered: 10/22/2025)

MINUTES of Proceedings: Telephonic Status Conference held before Judge Mustafa T. Kasubhai. Jessica Ranucci and Leanne Hartmann present as counsel for plaintiffs. I-Heng Hsu and Michael Tye present as counsel for defendants. (FTR - Eugene Courtroom 1.) (bd) (Entered: 10/28/2025)

Status Conference

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Status Conference held on 10/28/2025 before Judge Mustafa T. Kasubhai, Court Reporter Ryan White, telephone number 503-826-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/5/2025. Redaction Request due 11/19/2025. Redacted Transcript Deadline set for 12/1/2025. Release of Transcript Restriction set for 1/27/2026. (White, Ryan) (Entered: 10/29/2025)

Opinion and Order signed on 11/10/2025 by Judge Mustafa T. Kasubhai: Defendants' Motion to Dismiss (ECF No. 59 ) is DENIED and Plaintiffs' Motion for Partial Summary Judgment (ECF No. 28 ) is GRANTED. Because Plaintiffs' motion is dispositive of this matter, the Court will enter Judgment. (jk) (Entered: 11/10/2025)

JUDGMENT signed on 11/10/2025 by Judge Mustafa T. Kasubhai. (jk) (Entered: 11/10/2025)

Notice In Accordance with Paragraph 8 of the Judgment Filed by All Defendants. (Attachments: # 1 Exhibit A) (Tye, Michael) (Entered: 11/14/2025)

1 Exhibit A

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Notice of Appeal to the 9th Circuit (fee exempt status selected) . Filed by All Defendants. (Tye, Michael) (Entered: 01/09/2026)

USCA Case Number

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 86 . Case Appealed to 9th Circuit Case Number 26-214 assigned. (sss)