Sweet, et al. v. McMahon, et al.
| THERESA SWEET, CHENELLE ARCHIBALD, DANIEL DEEGAN, SAMUEL HOOD, TRESA APODACA, ALICIA DAVIS and JESSICA JACOBSON, on behalf of themselves and all others similarly situated |
| LINDA MCMAHON, Secretary of the United States Department of Education and UNITED STATES DEPARTMENT OF EDUCATION |
| 26-1136 |
| February 26, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Statutes - APA Review/Appeal |
Opinions
We have the following opinions for this case:
| Description |
|---|
 SWEET, ET AL. V. MCMAHON, ET AL.
|
| SWEET, ET AL. V. MCMAHON, ET AL.Oakland, Northern CaliforniaCivilWardlaw, Kim McLane, Owens, John B., Bress, Daniel A. |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 24, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 27
CLERK ACTION: Answering Brief submitted at DE 25 and Excerpts of Record submitted at DE 26 by Appellees are filed. No paper copies are required. [Entered: 04/24/2026 10:12 AM]
|
|
Filing 26
EXCERPTS OF RECORD submitted for filing by Appellee Theresa Sweet, Appellee Chenelle Archibald, Appellee Daniel Deegan, Appellee Samuel Hood, Appellee Tresa Apodaca, Appellee Alicia Davis, Appellee Jessica Jacobson.--[COURT UPDATE: Corrected PDFs attached as of 4/24/2026, REPLACING original attachments] [Entered: 04/23/2026 12:17 PM] [Edited: 04/24/2026 10:08 AM]
|
|
Filing 25
ANSWERING BRIEF submitted for filing by Appellee Theresa Sweet, Appellee Chenelle Archibald, Appellee Daniel Deegan, Appellee Samuel Hood, Appellee Tresa Apodaca, Appellee Alicia Davis, Appellee Jessica Jacobson.--[COURT UPDATE: Corrected PDF attached as of 4/24/2026, REPLACING original attachment] [Entered: 04/23/2026 12:11 PM] [Edited: 04/24/2026 10:05 AM]
|
|
Filing 24
CLERK ACTION: Opening Brief and Excerpts of Record submitted at DE 22, DE 23 by Appellants are filed. No paper copies are required. [Entered: 04/09/2026 04:40 PM]
|
|
Filing 23
OPENING BRIEF submitted for filing by Appellant Linda McMahon, Appellant United States Department of Education. [Entered: 04/09/2026 04:02 PM]
|
|
Filing 22
EXCERPTS OF RECORD submitted for filing by Appellant Linda McMahon, Appellant United States Department of Education. [Entered: 04/09/2026 03:59 PM]
|
|
Filing 21
CORRECTED ORDER FOR PUBLICATION FILED. (Kim McLane WARDLAW, John B. OWENS, Daniel A. BRESS) Correction: typo corrected on pg. 3. [Entered: 03/31/2026 03:44 PM]
|
|
Filing 20
UPDATED ORDER FOR PUBLICATION FILED. (Kim McLane WARDLAW, John B. OWENS, Daniel A. BRESS) Attached reformatted order. [Entered: 03/27/2026 10:37 AM]
|
|
Filing 19
TEXT ONLY NOTICE: MOTION FOR RECONSIDERATION AND/OR RECONSIDERATION EN BANC. Please note that pursuant to 9th Cir. R. 27-10 (a) (2), unless the time is shortened or expanded by order of this Court, a motion for clarification, modification or reconsideration (including reconsideration or rehearing en banc) of a court order that does not dispose of the entire case on the merits, terminate a case or otherwise conclude proceedings in this Court must be filed within 14 days after entry of the order. This time limit applies whether or not the United States or an agency, officer or employee thereof is a party, as Rule 40(d) of the Federal Rules of Appellate Procedure is inapplicable to such an order. [Entered: 03/25/2026 04:41 PM]
|
|
Filing 18
ORDER FILED. Kim McLane WARDLAW, John B. OWENS, Daniel A. BRESS The appeal is hereby expedited. The briefing schedule is amended as follows: (1) Defendants-Appellants are directed to file their Opening Brief by April 9, 2026; (2) Plaintiffs-Appellees are directed to file their Answering Brief by April 23, 2026; (3) Defendants-Appellants may file an optional Reply Brief by May 7, 2026. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(1). No written motions for extensions of time under Ninth Circuit Rule 31-2.2(b) will be granted absent extraordinary and compelling circumstances. The panel will schedule any oral argument by separate order. [Entered: 03/25/2026 03:09 PM]
|
|
Filing 17
ORDER FOR PUBLICATION FILED. (Kim McLane WARDLAW, John B. OWENS, Daniel A. BRESS) [SEE ORDER FOR FULL TEXT] Accordingly, the DOEs Emergency Motion for a Stay Pending Appeal is DENIED. The Court shall set an expedited briefing schedule by separate order on the merits of this appeal. [Entered: 03/25/2026 02:55 PM]
|
|
Filing 16
ACKNOWLEDGMENT of hearing notice filed by Sean Janda for Appellant Linda McMahon, Appellant United States Department of Education. Hearing in San Francisco - Courtroom 2 in San Francisco, on 3/20/2026 11:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 03/18/2026 02:18 PM]
|
|
Filing 15
ACKNOWLEDGMENT of hearing notice filed by Rebecca Cooperman Ellis for Appellee Theresa Sweet, Appellee Chenelle Archibald, Appellee Daniel Deegan, Appellee Samuel Hood, Appellee Tresa Apodaca, Appellee Alicia Davis, Appellee Jessica Jacobson. Hearing in San Francisco - Courtroom 2 in San Francisco, on 3/20/2026 11:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [Entered: 03/18/2026 01:51 PM]
|
|
Filing 14
NOTICE OF APPEARANCE by Rebecca Cooperman Ellis for Appellee Alicia Davis, Appellee Chenelle Archibald, Appellee Daniel Deegan, Appellee Jessica Jacobson, Appellee Samuel Hood, Appellee Theresa Sweet, Appellee Tresa Apodaca. [Entered: 03/18/2026 01:49 PM]
|
|
Filing 13
NOTICE OF ORAL ARGUMENT on Friday, March 20, 2026 - 11:00 A.M. - Courtroom 2 - Scheduled Location: San Francisco CA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [26-1136] [Entered: 03/18/2026 12:01 PM]
|
|
Filing 12
REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 9) filed by Appellant Linda McMahon, Appellant United States Department of Education. [Entered: 03/13/2026 04:09 PM]
|
|
Filing 11
RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 03/12/2026 12:52 PM]
|
|
Filing 10
TERMINATED participation of Counsel for Appellant Liam Christopher Holland, representing Appellant Linda McMahon, Appellant United States Department of Education. [Counsel not admitted to this court, parties represented by other counsel] [Entered: 03/10/2026 11:41 AM]
|
|
Filing 9
RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 6) filed by Appellee Theresa Sweet, Appellee Chenelle Archibald, Appellee Daniel Deegan, Appellee Samuel Hood, Appellee Tresa Apodaca, Appellee Alicia Davis, Appellee Jessica Jacobson. [Entered: 03/09/2026 01:48 PM]
|
|
Filing 8
MEDIATION ORDER: By 3/11/2026, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 03/03/2026 05:19 PM]
|
|
Filing 7
MEDIATION QUESTIONNAIRE filed by Appellant Linda McMahon, Appellant United States Department of Education. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 02/27/2026 04:57 PM]
|
|
Filing 6
MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Linda McMahon, Appellant United States Department of Education. [Entered: 02/27/2026 09:42 AM]
|
|
Filing 5
Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Linda McMahon, Appellant United States Department of Education. [Entered: 02/27/2026 09:41 AM]
|
|
Filing 4
ADDED Counsel for Appellant Sean Janda [Entered: 02/26/2026 04:40 PM]
|
|
Filing 3
NOTICE OF APPEARANCE by Sean Janda for Appellant Linda McMahon, Appellant United States Department of Education. [Entered: 02/26/2026 04:34 PM]
|
|
Filing 2
SCHEDULE NOTICE. Appeal Transcript Due (Appellant) 4/9/2026, Appeal Answering Brief Due (Appellee) 6/18/2026, Appeal Transcript Order Due (Appellant) 3/10/2026, Appeal Opening Brief Due (Appellant) 5/19/2026, Mediation Questionnaire due (Appellant) 3/3/2026. For appeal no. 26-1136, 4:19-cv-03674-HSG. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 02/26/2026 02:37 PM]
|
|
Filing 1
CASE OPENED. A copy of your notice of appeal / petition filed in 4:19-cv-03674-HSG has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 26-1136 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 02/26/2026 02:32 PM]
|
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
