State of Nebraska et al v. Biden et al
| State of Nebraska, State of Missouri, State of Arkansas, State of Iowa, State of Kansas and State of South Carolina |
| Joseph R. Biden, Jr., Miguel Cardona and United States Department of Education |
| 4:2022cv01040 |
| September 29, 2022 |
| US District Court for the Eastern District of Missouri |
| Henry Edward Autrey |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
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Filing 59
LETTER from USCA: 8th Circuit record sent to Supreme Court on 12/28/2022 - consisting of complete copy of pleadings file. USCA Appeal #: 22-3179 Supreme Court #: 22-506. (HMA)
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Filing 58
ORDER of USCA as to #47 Notice of Appeal, filed by State of Nebraska, State of Arkansas, State of Missouri, State of Kansas, State of Iowa, State of South Carolina. The unopposed motion to hold this case in abeyance is granted. The case will be held in abeyance pending a decision in Case No. 22-506 in the United States Supreme Court. USCA Appeal #: 22-3179 (JEB)
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Filing 57
LETTER from USCA with letter/order from U.S. Supreme Court attached. USCA Appeal #: 22-3179 Supreme Court #: 22-506. The petition for writ of certiorari has been filed.(HMA)
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Filing 56
LETTER from USCA with letter/order from U.S. Supreme Court attached. USCA Appeal #: 22-3179 Supreme Court #: 22-506. The petition for writ of certiorari has been granted.(JEB)
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Filing 55
OPINION from USCA re #47 Notice of Appeal. USCA Appeal #: 22-3179. We GRANT the Emergency Motion for Injunction Pending Appeal. The injunction will remain in effect until further order of this court or the Supreme Court of the United States (JEB)
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Filing 54
ORDER of USCA: Americans for Prosperity Foundation and New Civil Liberties Alliance's motions for leave to file amicus curiae briefs are granted. USCA Appeal #: 22-3179 (JEB)
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Filing 53
ORDER of USCA. Appellants' emergency motion for an administrative stay prohibiting the appellees from discharging any student loan debt under the Cancellation program until this Court rules on the appellants' motion for an injunction pending appeal is granted. The request for expedited briefing on the motion for an injunction pending appeal is granted as follows: Appellees' response in opposition shall be due on or before 5:00 PM Central, Monday, October 24, 2022 and the Appellants' reply, if any, is due on or before 5:00 PM Central, Tuesday, October 25, 2022. USCA Appeal #: 22-3179 (HMA)
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Filing 52
Briefing Schedule from USCA for #47 Notice of Appeal, filed by State of Nebraska, State of Arkansas, State of Missouri, State of Kansas, State of Iowa, State of South Carolina. USCA Appeal Number: 22-3179 (See attached document for all other deadlines)(JEB)
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Filing 51
Initial Notification from USCA for #47 Notice of Appeal, filed by State of Nebraska, State of Arkansas, State of Missouri, State of Kansas, State of Iowa, State of South Carolina. USCA Appeal Number: 22-3179(JEB)
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Filing 50
ORDER. This matter is before the Court on Plaintiffs' Motion for Injunction Pending Appeal or Temporary Administrative Stay of Agency Action [Doc No. 48]. On October 20, 2022, this Court issued an Opinion, Order and Memorandum, with an accompanying Order of Dismissal, dismissing this case for a lack of standing. Plaintiffs' Motion will be denied. Accordingly, IT IS HEREBY ORDERED that Plaintiffs' Motion [Doc No. #48 ] is DENIED. Signed by District Judge Henry Edward Autrey on 10/21/2022. (HMA)
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Filing 49
NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding #46 Order of Dismissal (case - Stipulation of Dismissal). Notice of Appeal filed on 10/20/2022 by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JDC)
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Filing 48
MOTION for Relief Injunction Pending Appeal or Temporary Administrative Stay of Agency Action by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James)
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Filing 47
NOTICE OF APPEAL as to #44 Opinion Memorandum,,,, Memorandum & Order,,, #46 Order of Dismissal (case - Stipulation of Dismissal) by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. Filing fee $ 505, receipt number AMOEDC-9576238.
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Filing 46
ORDER OF DISMISSAL. In accordance with the Opinion, Memorandum and Order entered this same date, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this action is DISMISSED. Signed by District Judge Henry Edward Autrey on 10/20/22. (EAB)
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Filing 45
SUMMONS Returned Executed filed by State of Missouri. Defendant United States Department of Education by serving U.S. Attorney General served on 10/20/2022, answer due 12/19/2022. (Talent, Michael) Modified on 10/21/2022 (EAB). (Main Document 45 replaced on 10/21/2022) (EAB).
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Filing 44
OPINION, MEMORANDUM AND ORDER. This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction [Doc. No. #3 ]. Defendants have filed their response in opposition to the Motion. The parties appeared in person for a hearing on the Motion on October 12, 2022. The Court has thoroughly reviewed the pleadings, affidavits, exhibits, and memoranda of law submitted by the respective parties, and has considered the arguments presented at the hearing. For the reasons set forth below, the Court concludes Defendants' arguments are well-taken and this matter will be dismissed. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this action is DISMISSED. (See Full Order for Complete Details). A separate Order of Dismissal in accordance with this Opinion, Memorandum and Order is entered this same date. Signed by District Judge Henry Edward Autrey on 10/20/22. (EAB)
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Filing 43
Alias Summons Issued as to defendant U. S. Attorney General. The summons was emailed to Attorney for Plaintiff for service. (EAB)
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Filing 42
NOTICE OF PROCESS SERVER by Plaintiff State of Missouri Process Server: Same Day Process Service (Talent, Michael)
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Filing 41
NOTICE by Plaintiff State of Missouri for Request for Alias Summons (Talent, Michael)
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Filing 40
Summons Returned Unexecuted by State of Missouri as to Defendant U. S. Attorney General. (Talent, Michael) Modified on 10/18/2022 (EAB).
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Filing 39
Docket Text ORDER: Re #38 NOTICE Withdrawal of Motion for Temporary Restraining Order: by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina; SO ORDERED. Signed by District Judge Henry Edward Autrey on 10/17/22. (EAB)
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Filing 38
NOTICE Withdrawal of Motion for Temporary Restraining Order: by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina (Campbell, James)
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Filing 37
TRANSCRIPT of 32 (Preliminary Injunction Hearing) held on 10/12/22 before Judge Autrey. Court Reporter/Transcriber Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978. 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. Redaction Request due 11/4/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/12/2023. (EAB)
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Filing 36
TRANSCRIPT ORDER REQUEST for 32 (MOTION HEARING) by Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Knapp, Cody)(Request forwarded to court reporter A. Daley 10/14/22)(JEB).
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Filing 35
TRANSCRIPT ORDER REQUEST for 32 (MOTION HEARING) by State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Talent, Michael) (Request forwarded to court reporter A. Daley 10/14/22)(JEB).
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Filing 34
ENTRY of Appearance by Samuel Rebo for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Rebo, Samuel)
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Filing 33
Docket Text ORDER: Re: #30 MOTION for Leave to File in Excess of Page Limitation for Reply Memorandum in support of Motion for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina; ORDERED GRANTED. Signed by District Judge Henry Edward Autrey on 10/12/2022. (JEB)
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Filing 32
ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Henry Edward Autrey: Motion Hearing held on 10/12/2022. Oral argument heard from both sides re #3 MOTION for Preliminary Injunction filed by State of Nebraska, State of Arkansas, State of Missouri, State of Kansas, State of Iowa, State of South Carolina. Matter taken under submission by the Court. (Court Reporter:Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978) (proceedings started: 10:34 am) (proceedings ended: 12:30 pm) (Deputy Clerk: E. Brown)(Appearance for Plaintiff: James Campbell, Michael Talent, Dean John Sauer)(Appearance for Defendant: Brian Netter, Cody Knapp) (EAB)
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Filing 31
REPLY to Response to Motion re #3 MOTION for Preliminary Injunction filed by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Attachments: #1 Exhibit Campbell Declaration)(Campbell, James)
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Filing 30
MOTION for Leave to File in Excess of Page Limitation for Reply Memorandum in support of Motion for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James)
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Filing 29
Docket Text ORDER: Re #25 Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Joseph R. Biden, Jr3, Miguel Cardona, United States Department of Education; ORDERED GRANTED. Signed by District Judge Henry Edward Autrey on 10/11/22. (EAB)
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Filing 28
ENTRY of Appearance by Dean John Sauer for Plaintiff State of Missouri. (Sauer, Dean)
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Filing 27
MEMORANDUM in Opposition re #3 MOTION for Preliminary Injunction filed by Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Attachments: #1 Exhibit 1 (Kvaal Declaration))(Merritt, Robert)
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Filing 26
ENTRY of Appearance by Cody Taylor Knapp for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Knapp, Cody)
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Filing 25
Consent MOTION for Leave to File in Excess of Page Limitation by Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Merritt, Robert)
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Filing 24
SUMMONS Returned Executed filed by State of Missouri. Defendant Joseph R. Biden, Jr served on 9/30/2022, answer due 11/29/2022. (Talent, Michael) Modified on 10/13/2022 (EAB).
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Filing 23
SUMMONS Returned Executed filed by State of Missouri. Defendant United States Department of Education served on 9/30/2022, answer due 11/29/2022. (Talent, Michael) Modified on 10/13/2022 (EAB).
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Filing 22
SUMMONS Returned Executed filed by State of Missouri. Defendant Miguel Cardona served on 9/30/2022, answer due 11/29/22. (Talent, Michael) Modified on 10/13/2022 (EAB).
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Filing 21
AMENDED NOTICE. The United States Judicial Conference has authorized a pilot program permitting certain district courts to livestream audio of proceedings in civil cases of public interest with the consent of the parties. This Court is a participant in that program, and the parties in the present matter have agreed through counsel to permit the Court to livestream audio of the arguments on Plaintiffs' Motion for Preliminary Injunction set for October 12, 2022 at 10:30 a.m., Central Time. Under Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited. Members of the public who wish to listen to the hearing via Internet on the Court's YouTube channel may do so at: https://www.youtube.com/channel/UCIWD5tA9DvZskM37uuuPBMg/. This is livestream audio only. Signed by District Judge Henry Edward Autrey on 10/7/2022. (CBL)
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Filing 20
ENTRY of Appearance by Brian David Netter for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Netter, Brian)
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Filing 19
NOTICE: The United States Judicial Conference has authorized a pilot program permitting certain district courts to livestream audio of proceedings in civil cases of public interest with the consent of the parties. This Court is a participant in that program, and the parties in the present matter have agreed through counsel to permit the Court to livestream audio of the arguments on Plaintiffs' Motion for Preliminary Injunction set for October 11, 2022 at 10:30 a.m., CST. Under Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited. Members of the public who wish to listen to the hearing via Internet on the Court's YouTube channel may do so at: https://www.youtube.com/channel/UCIWD5tA9DvZskM37uuuPBMg/. This is livestream audio only. Signed by District Judge Henry Edward Autrey on 10/6/2022. (HMA)
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Filing 18
ENTRY of Appearance by Shannon Marie Grammel for Plaintiff State of Kansas. (Grammel, Shannon)
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Filing 17
ORDER. IT IS HEREBY ORDERED that the hearing on Plaintiff's MOTION for Temporary Restraining Order [Doc #4 ] set for hearing on October 4, 2022, is VACATED. IT IS FURTHER ORDERED that Defendants' response to Plaintiff's Motion for a Preliminary Injunction is due Friday, October 7, 2022, and Plaintiffs' reply is due Tuesday, October 11, 2022. IT IS FINALLY ORDERED that oral argument on Plaintiff's Motion for Preliminary Injunction is set for October 12, 2022, at 10:30 a.m. in the courtroom of the undersigned. (Motion Hearing set for 10/12/2022 10:30 AM in Courtroom 10N - St. Louis before District Judge Henry Edward Autrey) Signed by District Judge Henry Edward Autrey on 10/3/2022. (HMA)
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Filing 16
Docket Text ORDER: re: #14 STIPULATION re 4 MOTION for Temporary Restraining Order, 3 MOTION for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina ; SO ORDERED. Signed by District Judge Henry Edward Autrey on 10/3/2022. (JEB)
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Filing 15
ENTRY of Appearance by Robert Charles Merritt for Defendants Joseph R. Biden, Jr, Miguel Cardona, United States Department of Education. (Merritt, Robert)
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Filing 14
STIPULATION re #4 MOTION for Temporary Restraining Order , #3 MOTION for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James)
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Filing 13
NOTICE OF PROCESS SERVER by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina Process Server: Same Day Process Service (Attachments: #1 Summons U.S. Attorney General)(Talent, Michael)
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Filing 12
ORDER: IT IS HEREBY ORDERED that consistent with conference discussions, Plaintiff's Motion for Temporary Restraining Order [Doc #4 ] is set for hearing on October 4, 2022, at 10:00 a.m. in the courtroom of the undersigned. Respondents are to file reply to the Motion for Temporary Restraining Order by 4:00 p.m. Monday, October 3, 2022. (Motion Hearing set for 10/4/2022 10:00 AM in Courtroom 10N - St. Louis before District Judge Henry Edward Autrey. Response to Court due by 10/3/2022) Signed by District Judge Henry Edward Autrey on 9/30/2022. (JEB)
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Filing 11
Docket Text ORDER: Re: #2 MOTION for Leave to Exceed the Page Limit for Memorandum in Support of their Motions for TRO and Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina; LEAVE TO EXCEED PAGE LIMITATION IS GRANTED, BUT NOT TO EXCEED 45 PAGES. SO ORDERED. Signed by District Judge Henry Edward Autrey on 9/30/22. (EAB)
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Filing 10
ENTRY of Appearance by Samuel Paul Langholz for Plaintiff State of Iowa. (Langholz, Samuel)
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Filing 9
REASSIGNMENT ORDER (GJL)..The above styled and numbered case was opened on September 29, 2022. Due to a clerical error, this case was assigned to the Honorable Audrey G. Fleissig, United States District Judge. Therefore, this case must be reassigned. Accordingly, IT IS THEREFORE ORDERED that the above-styled cause is randomly reassigned to the Honorable Henry E. Autrey, United States District Judge. (JDC)
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Filing 8
NOTICE Request for Hearing on Motion for Temporary Restraining Order: by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina re #4 MOTION for Temporary Restraining Order (Campbell, James)
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Filing 7
ENTRY of Appearance by Dylan L. Jacobs for Plaintiff State of Arkansas. (Jacobs, Dylan)
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Filing 6
ENTRY of Appearance by James A. Campbell for Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Campbell, James)
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Filing 5
MEMORANDUM in Support of Motion re #4 MOTION for Temporary Restraining Order , #3 MOTION for Preliminary Injunction filed by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Attachments: #1 Attachment Decl. of Michael E. Talent, #2 Attachment Decl. of Michael Walden-Newman, #3 Attachment Decl. of James A. Campbell, #4 Attachment Decl. of Tony Williams)(Talent, Michael)
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Filing 4
(Document Withdrawn Per Order #39 dated 10/17/22) MOTION for Temporary Restraining Order by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Attachments: #1 Text of Proposed Order Proposed Order)(Talent, Michael) Modified on 10/17/2022 (EAB).
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Filing 3
MOTION for Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Talent, Michael)
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Filing 2
MOTION for Leave to Exceed the Page Limit for Memorandum in Support of their Motions for TRO and Preliminary Injunction by Plaintiffs State of Arkansas, State of Iowa, State of Kansas, State of Missouri, State of Nebraska, State of South Carolina. (Talent, Michael)
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Filing 1
COMPLAINT against defendant All Defendants with receipt number AMOEDC-9532317, in the amount of $402 Non-Jury Demand,, filed by State of South Carolina, State of Arkansas, State of Missouri, State of Iowa, State of Nebraska, State of Kansas. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Original Filing Form Original Filing Form, #3 Summons Secretary Miguel Cardona, #4 Summons U.S. Attorney General, #5 Summons Dept. of Education, #6 Summons U.S. Attorney, #7 Summons President Joseph R. Biden)(Talent, Michael)
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Case Opening Notification. Judge Assigned: Honorable Audrey G. Fleissig. 5 Summons(es) issued and emailed to Attorney Michael E. Talent. (JDC)
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