District Of Columbia District Court
Judge:Reggie B Walton
Case #: 1:25-cv-00802
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause05:0706 Judicial Review of Agency Actions
Case Filed:Mar 18, 2025
Last checked: Saturday May 03, 2025 5:45 AM EDT
Defendant
LINDA MCMAHON
Represented By
Cody Taylor Knapp
Doj-Civ
contact info
Stephen M. Pezzi
U.S. Department Of Justice
contact info
Defendant
U.S. DEPARTMENT OF EDUCATION
Represented By
Cody Taylor Knapp
Doj-Civ
contact info
Stephen M. Pezzi
U.S. Department Of Justice
contact info
Plaintiff
AMERICAN FEDERATION OF TEACHERS
Represented By
John Albanese
Berger Montague PC
contact info
Julie S. Selesnick
Berger Montague PC
contact info
Eleanor Michelle Drake
Berger Montague PC
contact info
F. Paul Bland, Jr
Berger Montague PC
contact info
Persis Yu
Student Borrower Protection Center
contact info
Khandice Renee Lofton
Student Borrower Protection Center
contact info
R. T. Winston Berkman-Breen
Student Borrower Protection Center
contact info


Docket last updated: 05/15/2025 11:59 PM EDT
Thursday, May 15, 2025
36 36 misc Status Report Thu 05/15 4:32 PM
STATUS REPORT by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Pezzi, Stephen)
Related: [-]
Friday, May 09, 2025
35 35 notice Notice of Withdrawal of Appearance Fri 05/09 7:41 PM
NOTICE OF WITHDRAWAL OF APPEARANCE as to LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. Attorney Cody Taylor Knapp terminated. (Knapp, Cody)
Related: [-]
Monday, April 28, 2025
34 34 order .Order ~Util - Set/Reset Deadlines Mon 04/28 4:21 PM
ORDER. In accordance with the attached Order, it is hereby ORDERED that, the defendants shall file reoccurring joint status reports, consistent with the parties' agreement in their33 Joint Status Report. See Order for details. Signed by Judge Reggie B. Walton on April 28, 2025. (lcrbw1)
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Friday, April 25, 2025
33 33 misc Status Report Fri 04/25 11:56 AM
Joint STATUS REPORT by AMERICAN FEDERATION OF TEACHERS.(Berkman-Breen, R. T. Winston)
Related: [-]
Att: 1 Text of Proposed Order
Monday, April 21, 2025
32 32 notice Notice of Appearance Mon 04/21 3:26 PM
NOTICE of Appearance by Stephen M. Pezzi on behalf of All Defendants (Pezzi, Stephen)
Related: [-]
Thursday, April 17, 2025
31 31 order .Order ~Util - Set/Reset Deadlines Thu 04/17 2:47 PM
ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before April 25, 2025, the parties shall submit a joint status report regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on April 17, 2025. (lcrbw1)
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order Order on Motion to Permit Thu 04/17 10:28 AM
MINUTE ORDER. Upon consideration of the29 Plaintiff's Unopposed Motion to Use the Public Access Teleconference Line for the April 17, 2025, Status Conference, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the public is permitted to attend the status conference currently scheduled for today, April 17, 2025, at 1:30 p.m., by calling 1-833-990-9400, and entering the Meeting ID 011366756. Signed by Judge Reggie B. Walton on April 17, 2025. (lcrbw1)
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minutes Status Conference ~Util - Set/Reset Deadlines Thu 04/17 1:46 PM
Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 4/17/2025. Joint Status Report due by 4/25/2025. (Court Reporter: Elizabeth Davila) (zalh)
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Tuesday, April 15, 2025
30 30 notice Notice (Other) Tue 04/15 11:43 PM
NOTICE re: Corrected Declaration of Acting Under Secretary of Education James Bergeron by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION re25 Memorandum in Opposition,(Knapp, Cody)
Related: [-]
Att: 1 Exhibit Exhibit A - Corrected Declaration of Acting Under Secretary of Education James Bergeron,
Att: 2 Exhibit Exhibit B - Redline of Corrected Declaration of Acting Under Secretary of Education James Bergeron
29 29 motion Permit Tue 04/15 9:36 AM
Unopposed MOTION to Permit Use of the Public Access Teleconference Line for the ApriIl 17, 2025, Status Conference by AMERICAN FEDERATION OF TEACHERS.(Lofton, Khandice)
Related: [-]
Att: 1 Text of Proposed Order
utility Set/Reset Hearings Tue 04/15 10:23 AM
Set/Reset Hearings: Status Conference set for 4/17/2025 at 1:30 PM via teleconference before Judge Reggie B. Walton. (zalh)
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Monday, April 14, 2025
28 28 2 pgs order Order on Motion for TRO Order on Motion for Preliminary Injunction Order on Motion for Miscellaneous Relief Mon 04/14 4:32 PM
ORDER. In accordance with the attached Order, it is hereby ORDERED that the10 Plaintiff's Motion for a Temporary Restraining Order or Preliminary Injunction is DENIED WITHOUT PREJUDICE. It is further ORDERED that the motion hearing on the plaintiff's motion for a temporary restraining order or preliminary injunction currently scheduled for April 17, 2025, at 10:30 a.m., is VACATED. It is further ORDERED that on April 17, 2025, at 1:30 p.m., the parties shall appear for a status conference, via teleconference, to address the dispute between the parties regarding defendants' forthcoming notice on the processing of income-driven student loan repayment applications. It is further ORDERED that the27 Defendant's Motion to Reset Hearing Time is DENIED AS MOOT. Signed by Judge Reggie B. Walton on April 14, 2025. (lcrbw1)
Related: [-]
Friday, April 11, 2025
27 27 motion Miscellaneous Relief Fri 04/11 6:38 PM
MOTION to Reset the Start Time for the Upcoming Hearing on Plaintiff's Motion for a Temporary Restraining Order or Preliminary Injunction re15 Order,,,, Set Deadlines/Hearings,,, by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION.(Knapp, Cody)
Related: [-]
Att: 1 Text of Proposed Order
26 26 misc Status Report Fri 04/11 6:29 PM
Joint STATUS REPORT by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Knapp, Cody)
Related: [-]
Tuesday, April 08, 2025
25 25 30+ pgs respm Memorandum in opposition to motion Tue 04/08 11:18 PM
Memorandum in opposition to re10 Motion for TRO,, Motion for Preliminary Injunction, filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION.(Knapp, Cody)
Related: [-]
Att: 1 Declaration Declaration of Acting Under Secretary of Education James Bergeron,
Att: 2 Text of Proposed Order Proposed Order Denying Plaintiff's Motion for Temporary Restraining Order or Preliminary Injunction
Thursday, April 03, 2025
24 24 notice Notice of Appearance Thu 04/03 9:03 AM
NOTICE of Appearance by Khandice Renee Lofton on behalf of AMERICAN FEDERATION OF TEACHERS (Lofton, Khandice)
Related: [-]
Wednesday, April 02, 2025
23 23 notice Notice of Appearance Wed 04/02 6:01 PM
NOTICE of Appearance by Eleanor Michelle Drake on behalf of AMERICAN FEDERATION OF TEACHERS (Drake, Eleanor)
Related: [-]
order Order on Motion for Leave to Appear Pro Hac Vice Wed 04/02 10:13 AM
MINUTE ORDER. The Court having considered the plaintiff's14 Motion for Admission of E. Michelle Drake Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Eleanor Michelle Drake of Berger Montague PC, 1229 Tyler St NE, Ste 205, Minneapolis, MN 55413, is ADMITTED to practice before the Court pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) [LINK:Click for instructions] . Signed by Judge Reggie B. Walton on April 2, 2025. (lcrbw1)
Related: [-]
order Order on Motion for Leave to Appear Pro Hac Vice Wed 04/02 10:22 AM
MINUTE ORDER. The Court having considered the plaintiff's22 Motion for Admission of Attorney Khandice Lofton to Appear Pro Hac Vice for Plaintiff, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Khandice Renee Lofton, 40 Rector Street, 9th Floor, New York, NY 10006, is ADMITTED to practice before the Court pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) [LINK:Click for instructions] . Signed by Judge Reggie B. Walton on April 2, 2025. (lcrbw1)
Related: [-]
Monday, March 31, 2025
22 22 motion Appear Pro Hac Vice Mon 03/31 11:50 AM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Khandice Renee Lofton, Filing fee $ 100, receipt number ADCDC-11578316. Fee Status: Fee Paid. by AMERICAN FEDERATION OF TEACHERS.(Berkman-Breen, R. T. Winston)
Related: [-]
Att: 1 Declaration Declaration of Khandice Lofton,
Att: 2 Exhibit Certificate of Good Standing,
Att: 3 Text of Proposed Order Proposed Order
21 21 service Summons Returned Executed as to U.S. Attorney General Mon 03/31 11:19 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/26/2025. (Albanese, John)
Related: [-]
20 20 service Summons Returned Executed as to US Attorney Mon 03/31 11:17 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/20/2025. Answer due for ALL FEDERAL DEFENDANTS by 5/19/2025. (Albanese, John)
Related: [-]
19 19 service Summons Returned Executed as to Federal Defendant Mon 03/31 11:16 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LINDA MCMAHON served on 3/21/2025 (Albanese, John)
Related: [-]
18 18 service Summons Returned Executed as to Federal Defendant Mon 03/31 11:15 AM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 3/21/2025 (Albanese, John)
Related: [-]
Thursday, March 27, 2025
17 17 notice Notice (Other) Thu 03/27 1:56 PM
NOTICE of Availability of Income-Driven Repayment Plan Application by U.S. DEPARTMENT OF EDUCATION, LINDA MCMAHON re10 Motion for TRO,, Motion for Preliminary Injunction, (Knapp, Cody)
Related: [-]
Wednesday, March 26, 2025
16 16 misc Transcript Wed 03/26 2:39 PM
TRANSCRIPT OF SCHEDULING CONFERENCE before Judge Reggie B. Walton held on March 25, 2025; Page Numbers: 1-7. Date of Issuance: 3/26/2025. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the[LINK:Transcript Order Form] For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/16/2025. Redacted Transcript Deadline set for 4/26/2025. Release of Transcript Restriction set for 6/24/2025.(Wayne, Bryan)
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Tuesday, March 25, 2025
15 15 order .Order ~Util - Set/Reset Deadlines/Hearings Tue 03/25 4:05 PM
ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before April 8, 2025, the defendants shall file their opposition to the plaintiff's motion for a temporary restraining order or preliminary injunction. It is further ORDERED that, on or before April 15, 2025, the plaintiff shall file a reply in support of its motion for a temporary restraining order or preliminary injunction, if any. It is further ORDERED that, on April 17, 2025, at 10:30 a.m., the parties shall appear for a motion hearing on the plaintiff's motion for a temporary restraining order or preliminary injunction. The parties shall appear before the Court in Courtroom 16 on the 6th floor at the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001. Signed by Judge Reggie B. Walton on March 25, 2025. (lcrbw1)
Related: [-]
14 14 motion Appear Pro Hac Vice Tue 03/25 2:11 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- E. Michelle Drake, Filing fee $ 100, receipt number ADCDC-11565745. Fee Status: Fee Paid. by AMERICAN FEDERATION OF TEACHERS.(Selesnick, Julie)
Related: [-]
Att: 1 Declaration of E. Michelle Drake,
Att: 2 Text of Proposed Order
13 13 notice Notice of Appearance Tue 03/25 12:59 PM
NOTICE of Appearance by F. Paul Bland, Jr on behalf of All Plaintiffs (Bland, F.)
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order .Order Tue 03/25 12:58 PM
MINUTE ORDER. The public is permitted to attend the scheduling conference currently scheduled for today, March 25, 2025, at 2:00 p.m., by calling 1-833-990-9400, and entering the Meeting ID 011366756. Signed by Judge Reggie B. Walton on March 25, 2025. (lcrbw1)
Related: [-]
minutes Scheduling Conference ~Util - Set/Reset Hearings Tue 03/25 2:27 PM
Minute Entry for proceedings held before Judge Reggie B. Walton: Scheduling Conference held on 3/25/2025. Motion Hearing set for 4/17/2025 at 10:30 AM in Courtroom 16- In Person before Judge Reggie B. Walton. (Court Reporter BRYAN WAYNE.) (mac)
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Monday, March 24, 2025
12 12 notice Notice of Appearance Mon 03/24 9:06 PM
NOTICE of Appearance by Cody Taylor Knapp on behalf of U.S. DEPARTMENT OF EDUCATION, LINDA MCMAHON (Knapp, Cody)
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11 11 order .Order Mon 03/24 6:47 PM
GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on March 24, 2025. (lcrbw1)
Related: [-]
10 10 motion Temporary Restraining Order Mon 03/24 4:54 PM
MOTION for Temporary Restraining Order by AMERICAN FEDERATION OF TEACHERS.(Albanese, John)
Related: [-]
Att: 1 Declaration of Dr. C. Baetz,
Att: 2 Declaration of R. Dubreuil,
Att: 3 Declaration of C. Mason,
Att: 4 Declaration of Dr. P. McCall-Robinson,
Att: 5 Declaration of T. Sabens,
Att: 6 Declaration of S. Tammelleo,
Att: 7 Text of Proposed Order
9 9 notice Notice of Appearance Mon 03/24 12:10 PM
NOTICE of Appearance by John Albanese on behalf of AMERICAN FEDERATION OF TEACHERS (Albanese, John)
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order .Order ~Util - Set/Reset Deadlines/Hearings Mon 03/24 6:34 PM
MINUTE ORDER. To ensure the expeditious resolution of the10 Plaintiff's Motion for a Temporary Restraining Order or Preliminary Injunction, it is hereby ORDERED that, on or before March 25, 2025, at 12:00 p.m., counsel for the defendants shall enter a notice of appearance in this case. It is further ORDERED that, on March 25, 2025, at 2:00 p.m., the parties shall appear before the Court for a scheduling conference, via teleconference. The parties shall be prepared to discuss a briefing schedule and the scheduling of a motion hearing on the plaintiff's motion for a temporary restraining order. It is further ORDERED that the plaintiff shall forthwith notify the defendants of the contents of this Minute Order. Signed by Judge Reggie B. Walton on March 24, 2025. (lcrbw1)
Related: [-]
Friday, March 21, 2025
order Order on Motion for Leave to Appear Pro Hac Vice Fri 03/21 4:33 PM
MINUTE ORDER. The Court having considered the plaintiff's5 Motion for Admission of John G. Albanese Pro Hac Vice, and8 Motion for Admission of Paul Bland Pro Hac Vice, and it appearing to the Court that the attorneys referenced therein meet the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motions are GRANTED. It is further ORDERED that John Gerard Albanese and Frank Paul Bland, Jr., each of Berger Montague PC, 1229 Tyler St NE, Ste 205, Minneapolis, MN 55413, and 1001 G St, NW, Ste 400 East, Washington, DC 20001, are ADMITTED to practice before the Court pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) [LINK:Click for instructions] . Signed by Judge Reggie B. Walton on March 21, 2025. (lcrbw1)
Related: [-]
Thursday, March 20, 2025
8 8 motion Appear Pro Hac Vice Thu 03/20 3:43 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- F. Paul Bland, Jr., Filing fee $ 100, receipt number ADCDC-11556376. Fee Status: Fee Paid. by AMERICAN FEDERATION OF TEACHERS.(Selesnick, Julie)
Related: [-]
Att: 1 Declaration of F. Paul Bland, Jr.,
Att: 2 Certificate of Good Standing,
Att: 3 Text of Proposed Order
7 7 notice Notice of Appearance Thu 03/20 12:53 PM
NOTICE of Appearance by Persis Yu on behalf of AMERICAN FEDERATION OF TEACHERS (Yu, Persis)
Related: [-]
6 6 notice Notice of Appearance Thu 03/20 12:44 PM
NOTICE of Appearance by R. T. Winston Berkman-Breen on behalf of AMERICAN FEDERATION OF TEACHERS (Berkman-Breen, R. T. Winston)
Related: [-]
5 5 motion Appear Pro Hac Vice Thu 03/20 12:10 PM
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John G. Albanese, Filing fee $ 100, receipt number ADCDC-11555547. Fee Status: Fee Paid. by AMERICAN FEDERATION OF TEACHERS.(Selesnick, Julie)
Related: [-]
Att: 1 Declaration of John G. Albanese,
Att: 2 Certificate of Good Standing,
Att: 3 Text of Proposed Order
Wednesday, March 19, 2025
4 4 service Electronic Summons Issued as to AUSA,USAG Wed 03/19 12:48 PM
SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw)
Related: [-]
3 3 cmp Request for Summons to Issue Wed 03/19 11:27 AM
REQUEST FOR SUMMONS TO ISSUE [U.S. Attorney and U.S. Attorney General] filed by AMERICAN FEDERATION OF TEACHERS. Related document: Notice of Error- New Case,.(Selesnick, Julie)
Related: [-]
2 2 service Electronic Summons Issued Wed 03/19 8:57 AM
SUMMONS (2) Issued Electronically as to LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION.(znmw)
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Att: 1 Notice and Consent
utility Case Assigned/Reassigned Wed 03/19 8:56 AM
Case Assigned to Judge Reggie B. Walton. (znmw)
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notice Notice of Error- New Case Wed 03/19 8:58 AM
NOTICE OF NEW CASE ERROR regarding1 Complaint,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (znmw)
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Tuesday, March 18, 2025
1 1 19 pgs cmp Complaint Tue 03/18 6:36 PM
COMPLAINT against LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION ( Filing fee $ 405 receipt number ADCDC-11551245) filed by AMERICAN FEDERATION OF TEACHERS.(Selesnick, Julie)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Summons to Department,
Att: 3 Summons to Secretary