Case: State of Washington v. United States Department of Housing and Urban Development

State of Washington et al. v. United States Department of Housing and Urban Development et al.

COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-2305766 ), filed by State of Rhode Island. (Attachments: # 1 Appendix, # 2 Civil Cover Sheet, # 3 Summons Request (HUD), # 4 Summons Request (Turner))(Giarrano, Leonard) (Entered: 07/07/2026)

1 Appendix

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2 Civil Cover Sheet

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3 Summons Request (HUD)

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4 Summons Request (Turner)

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CASE OPENING NOTICE ISSUED. (Gonzalez Gomez, Viviana) (Entered: 07/07/2026)

Summons Issued as to Eric Scott Turner, United States Department of Housing and Urban Development. (Attachments: # 1 Summons Issued as to Turner) (Gonzalez Gomez, Viviana) (Entered: 07/07/2026)

Case Conditionally Assigned

CASE CONDITIONALLY ASSIGNED to District Judge Mary S. McElroy and Magistrate Judge Amy E. Moses based upon the indication on the cover sheet that a related case previously was assigned to the presiding judge. Related Case Number 1:25-cv-626-MSM-AEM. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (Gonzalez Gomez, Viviana)

NOTICE of Appearance by Stephen Thompson on behalf of State of New York (Thompson, Stephen) (Entered: 07/09/2026)

SUMMONS Returned Executed by State of Rhode Island. All Defendants. (Attachments: # 1 Summons Returned Executed (Turner))(Giarrano, Leonard) (Entered: 07/09/2026)

NOTICE of Appearance by Cristina Sepe on behalf of State of Washington (Sepe, Cristina) (Entered: 07/09/2026)

NOTICE of Appearance by Andrew R.W. Hughes on behalf of State of Washington (Hughes, Andrew) (Entered: 07/09/2026)

NOTICE of Appearance by Elena S Meth on behalf of State of Illinois (Meth, Elena) (Entered: 07/09/2026)

NOTICE of Appearance by Aliana Claire Knoepfler on behalf of State of Washington (Knoepfler, Aliana) (Entered: 07/09/2026)

NOTICE of Appearance by Steven Travis Mayo on behalf of Office of the Governor ex rel. Andy Beshear (Mayo, Steven) (Entered: 07/09/2026)

NOTICE of Appearance by James C. Luh on behalf of State of Maryland (Luh, James) (Entered: 07/09/2026)

NOTICE of Appearance by Michael Benjamin Bruns on behalf of All Defendants (Bruns, Michael) (Entered: 07/09/2026)

NOTICE of Appearance by Ian Liston on behalf of State of Delaware (Liston, Ian) (Entered: 07/09/2026)

NOTICE of Appearance by Vanessa L. Kassab on behalf of State of Delaware (Kassab, Vanessa) (Entered: 07/09/2026)

NOTICE of Appearance by Jacob Boyer on behalf of Josh Shapiro (Boyer, Jacob) (Entered: 07/09/2026)

STIPULATION FOR SCHEDULING ORDER AND TO WAIVE STATEMENTS OF UNDISPUTED FACTS filed by All Plaintiffs. (Hughes, Andrew) (Entered: 07/09/2026)

NOTICE of Appearance by Michelle Rita Pascucci on behalf of Commonwealth of Massachusetts (Pascucci, Michelle) (Entered: 07/09/2026)

NOTICE of Appearance by Neil Giovanatti on behalf of State of Michigan (Giovanatti, Neil) (Entered: 07/09/2026)

NOTICE of Appearance by Anjana Samant on behalf of State of New Mexico (Samant, Anjana) (Entered: 07/09/2026)

TEXT ORDER: Pursuant to LR Gen 101(c), the Court suspends LR Gen 201(a) and any attorney employed by a State and is a member in good standing of the bar of another federal district court and each jurisdiction in which that attorney has been admitted may appear and practice in this matter without being admitted pro hac vice. Attorneys appearing on behalf of the States are directed to obtain filing privileges via PACER and to enter their appearances. So Ordered by District Judge Mary S. McElroy on 7/9/2026. (Potter, Carrie)

Order

NOTICE of Appearance by Aleeza M. Strubel on behalf of State of Illinois (Strubel, Aleeza) (Entered: 07/10/2026)

NOTICE of Appearance by Robin Jacobs on behalf of State of Delaware (Jacobs, Robin) (Entered: 07/10/2026)

NOTICE of Appearance by Brian S. Carter on behalf of State of Minnesota (Carter, Brian) (Entered: 07/10/2026)

NOTICE of Appearance by Nicole Suzanne Hill on behalf of District of Columbia (Hill, Nicole) (Entered: 07/10/2026)

NOTICE of Appearance by Lauren Greenawalt on behalf of State of California (Greenawalt, Lauren) (Entered: 07/10/2026)

NOTICE of Appearance by Samuel B. Stratton on behalf of State of Vermont (Stratton, Samuel) (Entered: 07/13/2026)

NOTICE of Appearance by Jarrell Mitchell on behalf of State of California (Mitchell, Jarrell) (Entered: 07/13/2026)

NOTICE by Eric Scott Turner, United States Department of Housing and Urban Development (Attachments: # 1 Exhibit Index, # 2 Exhibit Certification)(Bruns, Michael) (Entered: 07/13/2026)

1 Exhibit Index

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2 Exhibit Certification

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NOTICE of Appearance by Daniel P Resler on behalf of State of New Jersey (Resler, Daniel) (Entered: 07/13/2026)

NOTICE of Appearance by David Moskowitz on behalf of State of Colorado (Moskowitz, David) (Entered: 07/14/2026)

NOTICE of Appearance by Nora Q.E. Passamaneck on behalf of State of Colorado (Passamaneck, Nora) (Entered: 07/14/2026)

NOTICE of Appearance by Katherine Thompson on behalf of State of Maine (Thompson, Katherine) (Entered: 07/14/2026)

NOTICE of Appearance by State of Arizona (Hill, Cherelle) (Entered: 07/14/2026)

NOTICE of Appearance by Faye B. Hipsman on behalf of State of Wisconsin (Hipsman, Faye) (Entered: 07/15/2026)

MOTION for Summary Judgment or, in the Alternative, Motion for Preliminary Injunction filed by All Plaintiffs. Responses due by 7/31/2026. (Hughes, Andrew) (Entered: 07/17/2026)

DECLARATION re 34 MOTION for Summary Judgment or, in the Alternative, Motion for Preliminary Injunction Aliana C. Knoepfler by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hughes, Andrew) (Entered: 07/17/2026)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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DECLARATION re 34 MOTION for Summary Judgment or, in the Alternative, Motion for Preliminary Injunction Index of Declarations in Support of Plaintiff States' Motion by All Plaintiffs. (Attachments: # 1 Nicholas Mondau, # 2 Dana Greenberg, # 3 Carol Ventura, # 4 Ruby Dhillon-Williams, # 5 Corrin Buchanan, # 6 Megan Kirkeby, # 7 Meghan Marshall, # 8 Tyler Jaeckel, # 9 Nancy Navarretta, # 10 Jennifer Min, # 11 Matthew Heckles, # 12 Rachel Stucker, # 13 Christine Haley, # 14 Winifred (Wendy) Kaye Smith, # 15 Karen R. Byron, # 16 Danielle Meister, # 17 Greg Payne, # 18 Sarah Squirrell, # 19 Paula Kaiser Van Dam, # 20 Jennifer Leimaile Ho, # 21 Janel Winter, # 22 Sarita Nair, # 23 Marc Jolin, # 24 Stephanie Meyer, # 25 Richard P. Vilello, # 26 Tamarah A. Holmes, # 27 Lily Sojourner, # 28 Mark Staff)(Hughes, Andrew) (Entered: 07/17/2026)

1 Nicholas Mondau

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2 Dana Greenberg

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3 Carol Ventura

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4 Ruby Dhillon-Williams

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5 Corrin Buchanan

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6 Megan Kirkeby

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7 Meghan Marshall

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8 Tyler Jaeckel

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9 Nancy Navarretta

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10 Jennifer Min

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11 Matthew Heckles

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12 Rachel Stucker

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13 Christine Haley

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14 Winifred (Wendy) Kaye Smith

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15 Karen R. Byron

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16 Danielle Meister

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17 Greg Payne

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18 Sarah Squirrell

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19 Paula Kaiser Van Dam

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20 Jennifer Leimaile Ho

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21 Janel Winter

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22 Sarita Nair

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23 Marc Jolin

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24 Stephanie Meyer

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25 Richard P. Vilello

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26 Tamarah A. Holmes

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27 Lily Sojourner

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28 Mark Staff

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Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, or in the alternative, Preliminary Injunction filed by All Defendants. Responses due by 8/7/2026. (Bruns, Michael) (Entered: 07/24/2026)

NOTICE of Appearance by Scott P. Kennedy on behalf of State of Oregon (Kennedy, Scott) (Entered: 07/28/2026)

RESPONSE In Opposition to 37 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment, or in the alternative, Preliminary Injunction and Reply In Support of Motion for Summary Judgment, or, in the Alternative, Motion for Preliminary Injunction filed by All Plaintiffs. Replies due by 8/7/2026. (Hughes, Andrew) (Entered: 07/31/2026)

NOTICE of Appearance by Andrew M. Ammirati on behalf of State of Connecticut (Ammirati, Andrew) (Entered: 08/03/2026)

MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART 34 Plaintiffs' Motion for Summary Judgment and DENYING IN PART AND GRANTING IN PART 37 Defendants' Cross-Motion for Summary Judgment. The Court therefore sets aside HUD's issuance of the 2026 NOFO in its entirety as violative of the APA. The Court, however, denies Plaintiffs' request for a permanent injunction. Because, as described above, the Court concludes that the 2026 NOFO may not proceed based on its procedural infirmity, it obviates the need for the Court to rule on the other aspects of the parties' motions at this time. So Ordered by District Judge Mary S. McElroy on 8/7/2026. (Simoncelli, Michael)

JUDGMENT. So Ordered by Clerk of Court on 8/7/2026. (Simoncelli, Michael) (Entered: 08/07/2026)

NOTICE OF APPEAL by Eric Scott Turner, United States Department of Housing and Urban Development as to 41 Memorandum and Order. (No fee paid, USA, Waived by Statute, or IFP.) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf Appeal Record due by 8/20/2026. (Bruns, Michael) Clerk's Office corrected docket text on 8/13/2026. (Gonzalez Gomez, Viviana) (Entered: 08/13/2026)

Emergency MOTION to Stay re 41 Memorandum and Order,,, Terminate Motions,,, relief requested by August 17, 2026 filed by All Defendants. Responses due by 8/27/2026. (Attachments: # 1 Affidavit of Caitlyn McKenney)(Bruns, Michael) (Entered: 08/13/2026)

1 Affidavit of Caitlyn McKenney

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CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b) re: 43 Notice of Appeal. Documents Sent: 41, 42. (Attachments: # 1 Record on Appeal) (Gonzalez Gomez, Viviana) (Entered: 08/13/2026)

1 Record on Appeal

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Order on Motion to Stay

TEXT ORDER: Before the Court is Defendants' Combined Emergency Motion for a Stay of the Summary Judgment Order Pending Appeal (ECF No. 44 ). The Court has considered the arguments contained in Defendants' Motion. When evaluating whether to stay an order pending an appeal, the Court must consider: "(1) whether the stay applicant has made a strong showing that it is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies." Does 1-3 v. Mills, 39 F.4th 20, 24 (1st Cir. 2022) (cleaned up). The Court concludes that Defendants have not met the aforementioned standard. Most notably, the Court determines that its issuance of a stay is not warranted based on the Defendants' failure to present the Court with a new, previously-unrejected basis on which they will likely succeed on the merits. Moreover, the Court determines that Defendants lack a cognizable harm in seeking to uphold agency action that the Court has set aside as violative of the law. See Woonasquatucket River Watershed Council v. United States Dept of Agric., 778 F. Supp. 3d 440, 447 (D.R.I. 2025) ("[A]n agency is not harmed by an order prohibiting it from violating the law") (cleaned up). As a result, the Court DENIES Defendants Combined Emergency Motion for a Stay of the Summary Judgment Orders Pending Appeal, (ECF No. {44}). So Ordered by District Judge Mary S. McElroy on 8/13/2026. (Potter, Carrie)

USCA Case Number

USCA Case Number 26-1922 for 43 Notice of Appeal, filed by United States Department of Housing and Urban Development, Eric Scott Turner. (Gonzalez Gomez, Viviana)

ORDER of the U.S. Court of Appeals for the First Circuit entered as to 43 Notice of Appeal,,, filed by United States Department of Housing and Urban Development, Eric Scott Turner. ORDER entered by Lara E. Montecalvo, Appellate Judge; Seth Robert Aframe, Appellate Judge; and Joshua D. Dunlap, Appellate Judge: Defendants-Appellants U.S. Department of Housing and Urban Development, et al. ("HUD"), seek a stay pending appeal of an order granting summary judgment to Plaintiffs- Appellees (a collection of States and other interested parties) on their claim that HUD wrongfully failed to engage in notice and comment procedures prior to issuing a Notice of Funding Opportunity ("NOFO") that set aside $1.3 billion to be awarded for transitional housing and "supportive service only" projects under the Continuum of Care program. In reviewing the motion for stay pending appeal, we apply the familiar standard set forth in Nken v. Holder, 556 U.S. 418, 426 (2009). After careful review of the parties' briefs and supplemental submissions, we conclude that HUD has met its burden to show its entitlement to a stay pending appeal. HUD has made a strong showing that it is likely to succeed on the merits of its challenge to the district court's holding that the set-aside in the NOFO was subject to notice and comment requirements pursuant to 42 U.S.C. § 11386b(d). That holding turned on the district court's determination that the set-aside constitutes a "bonus or other incentive[]" under that provision. We conclude that HUD is likely to succeed on the argument that the set-aside is not a "bonus or other incentive[]" as that term is used in § 11386b(d). We further conclude that HUD would suffer irreparable injury absent a stay, given that HUD only has until December 1, 2026 to make awards to applicants for Continuum of Care funds. See Consolidated Appropriations Act, Pub. L. No. 119-75, 140 Stat. 173, 400 (2026). Although HUD is likely to succeed on the merits, it would be unable to implement the NOFO in a timely manner -- thereby creating funding gaps -- unless a stay enters. Accordingly, the motion for stay pending appeal is granted. [26-1922, 26-1923] (Hill, Cherelle) (Entered: 09/16/2026)

Notice of Appearance

USCA Judgment

Notice of Hearing (Form Attached)