DISTRICT OF COLUMBIA et al v. U.S. DEPARTMENT OF AGRICULTURE et al

Filing 3

MOTION for Preliminary Injunction by DISTRICT OF COLUMBIA (Attachments: #1 Declaration STEVEN BANKS, #2 Declaration EDWARD BOLEN, #3 Declaration TIKKI BROWN, #4 Declaration CATHERINE BUHRIG, #5 Declaration ALEXIS CARMEN FERNANDEZ, #6 Declaration STEVE H. FISHER, #7 Declaration HOLLY FREISHTAT, #8 Declaration JEFFREY GASKELL, #9 Declaration DEIDRE S. GIFFORD, #10 Declaration HEATHER HARTLINE-GRAFTON, #11 Declaration DANIEL R. HAUN, #12 Declaration KATHLEEN KONOPKA, #13 Declaration ED LAZERE, #14 Declaration BRITTANY MANGINI, #15 Declaration VICTORIA NEGUS, #16 Declaration ELISA NEIRA, #17 Declaration S. DUKE STOREN, #18 Declaration DAWN M. SWEENEY, #19 Declaration LAURA ZEILINGER, #20 Text of Proposed Order)(Konopka, Kathleen). Added MOTION to Stay on 1/24/2020 (znmw).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DISTRICT OF COLUMBIA, STATE OF
NEW YORK, STATE OF CALIFORNIA,
STATE OF CONNECTICUT, STATE OF
MARYLAND, COMMONWEALTH OF
MASSACHUSETTS, ATTORNEY
GENERAL DANA NESSEL ON
BEHALF OF THE PEOPLE OF
MICHIGAN, STATE OF MINNESOTA,
STATE OF NEVADA, STATE OF NEW
JERSEY, STATE OF OREGON,
COMMONWEALTH OF
PENNSYLVANIA, STATE OF RHODE
ISLAND, STATE OF VERMONT,
COMMONWEALTH OF VIRGINIA, and
CITY OF NEW YORK,

Civ. Action No. 1:20-cv-00119

Plaintiffs,
v.
U.S. DEPARTMENT OF
AGRICULTURE; GEORGE ERVIN
PERDUE III, in his official capacity as
Secretary of the U.S. Department of
Agriculture, and UNITED STATES OF
AMERICA,
Defendants.

[PROPOSED] ORDER
Upon consideration of Plaintiffs’ Motion for a Preliminary Injunction or 5 U.S.C. § 705
Stay Pending Judicial Review (“Motion for Preliminary Injunction”), the Memorandum and
Exhibits in support thereof, any opposition, any reply thereto, and any oral argument, it is
hereby:
ORDERED that Plaintiffs’ Motion for Preliminary Injunction is GRANTED; and it is

IT IS FURTHER ORDERED that a Preliminary Injunction is hereby entered against the
United States Department of Agriculture; and it is
IT IS FURTHER ORDERED that pursuant to the Order, the United States Department of
Agriculture and George Ervin Perdue III as Secretary of Agriculture are hereby enjoined from
applying the Rule: Supplemental Nutrition Assistance Program: Requirements for Able-Bodied
Adults Without Dependents, 84 Fed. Reg. 66782 (Dec. 5, 2019) (to be codified at 7 C.F.R. Part
273).
SO ORDERED.
DATED: ____________, 2020

____________________
United States District Judge

NAMES OF PERSONS TO BE SERVED WITH PROPOSED ORDER UPON ENTRY
In accordance with LCvR 7(k), listed below are the names and addresses of the attorneys
and parties entitled to be notified of the proposed order’s entry:
United States Department of Agriculture
1400 Independence Avenue, S.W.
Room 214W, Whitten Building
Washington, DC 20250
George Ervin Perdue III
1400 Independence Avenue, S.W.
Room 214W, Whitten Building
Washington, DC 20250
United States Attorney for the District of Columbia
c/o Civil Process Clerk
United States Attorney’s Office
555 Fourth Street, N.W.
Washington, D.C. 20530
Attorney General of the United States
c/o Assistant Attorney General for Administration
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001
Kathleen Konopka (D.C. Bar No. 495257)
Deputy Attorney General
Jennifer Rimm (D.C. Bar No. 1019209)
Vikram Swaruup
Nicole Hill (D.C. Bar No. 888324938)
David Brunfeld (D.C. Bar No. 1672059)
Assistant Attorneys General
Office of the Attorney General for the District of Columbia
441 4th St., NW
Suite 630S
Washington, DC 20001
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Counsel for the District of Columbia
Eric R. Haren (D.C. Bar No. 985189)
Special Counsel
Matthew Colangelo (D.C. Bar No. 997893)
Chief Counsel for Federal Initiatives
New York State Office of the Attorney General
28 Liberty Street
New York, NY 10005
Phone: [phone]
[e-mail]
[e-mail]
Counsel for the State of New York