Case: Make the Road States v. Department of Health and Human Services

Make the Road States et al. v. U.S. Department of Health and Human Services et al.

Make the Road States et al. v. Department of Health and Human Services et al.

COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-20490590 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by ELECTRONIC PRIVACY INFORMATION CENTER, COMMON CAUSE, MAKE THE ROAD STATES. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Proposed Summons ACF, # 4 Proposed Summons Adams, # 5 Proposed Summons OFA, # 6 Proposed Summons Swegle, # 7 Proposed Summons USAO, # 8 Proposed Summons USAO NY) (Nguemaha, Rachel) (Entered: 08/03/2026)

Emergency MOTION for Temporary Restraining Order and 5 U.S.C. § 705 Stay or in the Alternative, MOTION for Preliminary Injunction by COMMON CAUSE, ELECTRONIC PRIVACY INFORMATION CENTER, MAKE THE ROAD STATES. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Rachel L. Fried Nguemaha, # 3 Exhibit 1 - TANF Notice, # 4 Exhibit 2 - Notice of Extension Comment Period, # 5 Exhibit 3 - Privacy Impact Assessment, # 6 Exhibit 4 - Common Cause Comment, # 7 Declaration of John Young, # 8 Declaration of Theo Oshiro, # 9 Declaration of Maria Martinez, # 10 Declaration of Kimberly Davenport, # 11 Declaration of Thelma Barnhart, # 12 Proposed Order) (Nguemaha, Rachel) (Entered: 08/04/2026)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 08/04/2026)

Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: https://www.nyed.uscourts.gov/sites/default/files/uploads/mjconsentform.pdf (SDM) (Entered: 08/04/2026)

Proposed Summons. by Common Cause, Electronic Privacy Information Center, Make the Road States (Attachments: # 1 Proposed Summons USAO-EDNY, # 2 Proposed Summons Swegle, # 3 Proposed Summons RFK, # 4 Proposed Summons OFA, # 5 Proposed Summons HHS, # 6 Proposed Summons Blanche, # 7 Proposed Summons Adams, # 8 Proposed Summons ACF) (Nguemaha, Rachel) (Entered: 08/04/2026)

Quality Control Check - Summons

Case Assigned/Reassigned

Case Assigned to Judge Eric R. Komitee and Magistrate Judge Clay H. Kaminsky. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Clay H. Kaminsky. (SDM)

Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)

Proposed Summons. by Common Cause, Electronic Privacy Information Center, Make the Road States (Nguemaha, Rachel) (Entered: 08/05/2026)

ORDER: For the reasons outlined in the enclosed order, plaintiffs' motion for a temporary restraining order ("TRO") is denied. Plaintiffs are directed to effectuate service of the complaint, their motion for a TRO or preliminary injun ction, and this order on defendants by the end of the day today. The government should file any opposition to plaintiffs' motion for preliminary relief by August 13. Oral argument on plaintiffs' motion will be held on August 17 at 11:00 a.m. in Courtroom 6G North. ORDER ENCLOSED. Ordered by Judge Eric R. Komitee on 8/5/2026. (SEW)

NOTICE of Appearance by Saima A Akhtar on behalf of All Plaintiffs (aty to be noticed) (Akhtar, Saima) (Entered: 08/05/2026)

Summons Issued as to Alex J. Adams, Administration for Children and Families, Department of Health and Human Services, Robert F. Kennedy, Jr., Office of Family Assistance, David Swegle, U.S. Attorney and U.S. Attorney General. (JT) (Entered: 08/05/2026)

Joint MOTION for Extension of Time to File by Alex J. Adams, Administration for Children and Families, Department of Health and Human Services, Robert F. Kennedy, Jr., Office of Family Assistance, David Swegle. (Attachments: # 1 Proposed Order) (Keating, Patrick) (Entered: 08/05/2026)

Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must be a rider attached to the summons with the name and addresses of all defendants included. Please file one summons and rider for all defendants. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (JT)

Quality Control Check - Summons

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-20507342 by Common Cause, Electronic Privacy Information Center, Make the Road States. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Affidavit Notarized) (Kimball, Kimere) (Entered: 08/07/2026)

NOTICE of Appearance by Kimere J Kimball on behalf of All Plaintiffs (notification declined or already on case) (Kimball, Kimere) (Entered: 08/07/2026)

ORDER granting in part and denying in part the parties' joint motion for an extension of time 10 . The government's opposition brief is due on August 13. The plaintiffs' reply is due on August 17. And oral argument is rescheduled for August 19 at 11:00 a.m. in Courtroom 6G North. Ordered by Judge Eric R. Komitee on 8/7/2026. (SEW)

Order on Motion for Extension of Time to File

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200.00 filing fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee.. Ordered by Magistrate Judge Clay H. Kaminsky on 8/7/2026. (STH)

NOTICE by Common Cause, Electronic Privacy Information Center, Make the Road States re 7 Order on Motion for TRO,,, Order on Motion for Preliminary Injunction,, of Compliance with Order (Attachments: # 1 Affidavit of Service) (Kimball, Kimere) (Entered: 08/12/2026)

SUMMONS Returned Executed by Electronic Privacy Information Center, Common Cause, Make the Road States. Alex J. Adams served on 8/5/2026, answer due 10/5/2026; Administration for Children and Families served on 8/5/2026, answer due 10/5/2026; Department of Health and Human Services served on 8/5/2026, answer due 10/5/2026; Robert F. Kennedy, Jr. served on 8/5/2026, answer due 10/5/2026; Office of Family Assistance served on 8/5/2026, answer due 10/5/2026; David Swegle served on 8/5/2026, answer due 10/5/2026. (Attachments: # 1 Affidavit Affidavit of Service on ACF, # 2 Affidavit Affidavit of Service on Asst. Sec. Adams, # 3 Affidavit Affidavit of Service on AG Blanche, # 4 Affidavit Affidavit of Service on HHS, # 5 Affidavit Affidavit of Service on OFA, # 6 Affidavit Affidavit of Service on Sec. Kennedy, # 7 Affidavit Affidavit of Service Director Swegle) (Kimball, Kimere) (Entered: 08/12/2026)

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-20528714 by Common Cause, Electronic Privacy Information Center, Make the Road States. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Supplement Certificate of Good Standing, # 3 Affidavit Notarized) (Carroll, Catherine) (Entered: 08/13/2026)

MEMORANDUM in Opposition re 2 Emergency MOTION for Temporary Restraining Order and 5 U.S.C. § 705 Stay or in the Alternative MOTION for Preliminary Injunction filed by All Defendants. (Keating, Patrick) (Entered: 08/13/2026)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200.00 filing fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee.. Ordered by Magistrate Judge Clay H. Kaminsky on 8/13/2026. (STH)

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-20536422 by Common Cause, Electronic Privacy Information Center, Make the Road States. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Supplement Certificate of Good Standing, # 3 Affidavit Notarized) (Goldstein, Elena) (Entered: 08/17/2026)

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-20536716 by Common Cause, Electronic Privacy Information Center, Make the Road States. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Affidavit Notarized) (Kooragayala, Shiva) (Entered: 08/17/2026)

REPLY in Support re 2 Emergency MOTION for Temporary Restraining Order and 5 U.S.C. § 705 Stay or in the Alternative MOTION for Preliminary Injunction filed by Common Cause, Electronic Privacy Information Center, Make the Road States. (Attachments: # 1 Exhibit A - Stipulation to Extend Effective Date of Notice filed in 26-cv-02726 (D.D.C.)) (Kimball, Kimere) (Entered: 08/17/2026)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 17 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200.00 filing fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee.. Ordered by Magistrate Judge Clay H. Kaminsky on 8/17/2026. (STH)

ORDER granting 18 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200.00 filing fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee.. Ordered by Magistrate Judge Clay H. Kaminsky on 8/17/2026. (STH)

NOTICE of Appearance by Catherine Carroll on behalf of All Plaintiffs (aty to be noticed) (Carroll, Catherine) (Entered: 08/18/2026)

ORDER: At oral argument earlier today, the government cited 31 U.S.C. § 7503(b) as the statutory authority for the disclosures to other "federal or grantee agenc[ies] or entit[ies] engaged by ACF... to assist ACF with program integrity reviews or projects" that are contemplated in Routine Use 10. Section 7503(b) provides that a federal agency may conduct or arrange "additional audits which are necessary to carry out its responsibilities under Federal law or regulation." On or before August 28, the government should indicate in a letter not exceeding 250 words which responsibility or responsibilities Routine Use 10 is directed towards. Ordered by Judge Eric R. Komitee on 8/19/2026. (SEW)

Order(Other)

Minute Entry for hearing held before Judge Eric R. Komitee on 8/19/2026. Appearances: Kimere Kimball, Catherine Carroll, and Saima Akhtar for Plaintiff; AUSA Patrick Keating for Defendants. Oral argument was conducted regarding Plaintiffs' motion for a temporary restraining order. For the reasons stated on the record, Defendants shall submit their letter by August 21, and Plaintiffs shall respond by August 25. Each letter shall not exceed 750 words. The motion was taken under advisement. (APJ)

TRANSCRIPT of Proceedings held on 8/19/2026, before Judge Komitee. Court Reporter/Transcriber Transcriptions Plus II, Inc. Email address: rl.transcriptions2@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/10/2026. Redacted Transcript Deadline set for 9/21/2026. Release of Transcript Restriction set for 11/18/2026. (LH) (Entered: 08/20/2026)

Motion Hearing

Letter by Alex J. Adams, Administration for Children and Families, Department of Health and Human Services, Robert F. Kennedy, Jr., Office of Family Assistance, David Swegle (Keating, Patrick) (Entered: 08/21/2026)

NOTICE of Appearance by Elena Goldstein on behalf of All Plaintiffs (aty to be noticed) (Goldstein, Elena) (Entered: 08/24/2026)

NOTICE of Appearance by Shiva Kooragayala on behalf of All Plaintiffs (aty to be noticed) (Kooragayala, Shiva) (Entered: 08/24/2026)

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-20559420 by Common Cause, Electronic Privacy Information Center, Make the Road States. (Attachments: # 1 Supplement Certificate of Good Standing, # 2 Affidavit Notarized) (Wolfson, Paul) (Entered: 08/24/2026)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 25 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200.00 filing fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee.. Ordered by Magistrate Judge Clay H. Kaminsky on 8/24/2026. (STH)

Letter in Response to Defendants' Letter, Docket 22 by Common Cause, Electronic Privacy Information Center, Make the Road States (Kooragayala, Shiva) (Entered: 08/25/2026)

Letter MOTION for Leave to File Document to respond to Defendants' letter pursuant to the Court's August 19, 2026 Order by Common Cause, Electronic Privacy Information Center, Make the Road States. (Kooragayala, Shiva) (Entered: 08/26/2026)

Letter by Alex J. Adams, Administration for Children and Families, Department of Health and Human Services, Robert F. Kennedy, Jr., Office of Family Assistance, David Swegle (Keating, Patrick) (Entered: 08/28/2026)

Order on Motion for Leave to File

Letter

ORDER: For the reasons outlined in the enclosed order, plaintiffs' motion for a preliminary injunction is denied. ORDER ENCLOSED. Ordered by Judge Eric R. Komitee on 9/3/2026. (SEW)