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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

MYRA BROWN and ALEXANDER 

TAYLOR,

Plaintiffs,

v.

U.S. DEPARTMENT OF EDUCATION; 

MIGUEL CARDONA, in his official 

capacity as the Secretary of Education,

Defendants.

CIVIL ACTION NO. 4:22-cv-908

 

NOTICE

Plaintiffs file this Notice to alert the Court to a recent action by the U.S. Court of Appeals for 

the Eighth Circuit. On Thursday, the Eastern District of Missouri dismissed a complaint filed by 

Nebraska and five other states challenging the Loan Forgiveness Program. See Nebraska v. Biden, No. 

22-cv-1040 (E.D. Mo.) (Dkt. 44). The States then filed a motion for an injunction pending appeal and 

an emergency motion for an administrative stay prohibiting the government from discharging any 

student loan debt under the program until the Court rules on the motion for an injunction pending 

appeal. See Nebraska v. Biden, No. 22-3179 (8th Cir.).

The Eighth Circuit granted the States’ emergency motion for an administrative stay. See Ex. 

A. The Eighth Circuit set an expedited briefing schedule on the motion for an injunction pending 

appeal, ordering the government to file its opposition by Monday, October 24, at 5:00 pm and the 

States to file their reply by Tuesday, October 25, at 5:00 pm. Id. The Order is attached to this Notice. 

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Dated: October 21, 2022

Respectfully submitted,

/s/ J. Michael Connolly _

J. Michael Connolly (VA Bar No. 77632)

James F. Hasson (TX Bar No. 24109982)

Matthew Pociask* (IL Bar No. 6336568)

CONSOVOY MCCARTHY PLLC

1600 Wilson Boulevard, Suite 700

Arlington, VA 22209

Tel: (703) 243-9423

Fax: (703) 243-9423

mike@consovoymccarthy.com

james@consovoymccarthy.com

matt@consovoymccarthy.com

Steven C. Begakis (VA Bar No. 95172)

CONSOVOY MCCARTHY PLLC

Fort Worth, TX

Tel: (703) 243-9423

Fax: (703) 243-9423

steven@consovoymccarthy.com

*Admitted in Illinois, but not Virginia. 

Supervised by principals at firm.

Counsel for Plaintiffs 

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CERTIFICATE OF SERVICE

I certify that on October 21, 2022, I electronically filed the foregoing with the Clerk of Court 

using the CM/ECF System and will serve a copy on each of the Defendants according to the Federal 

Rules of Civil Procedure. 

/s/ J. Michael Connolly

J. Michael Connolly

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Exhibit A

Case 4:22-cv-00908-P Document 28 Filed 10/21/22 Page 4 of 5 PageID 314
UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

No: 22-3179

State of Nebraska, et al.

 Appellants

v.

Joseph R. Biden, Jr., in his official capacity as the President of the United States of America, et 

al.

 Appellees

______________________________________________________________________________ 

Appeal from U.S. District Court for the Eastern District of Missouri - St. Louis

(4:22-cv-01040-HEA)

______________________________________________________________________________ 

ORDER

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. 

October 21, 2022

Order Entered at the Direction of the Court: 

Clerk, U.S. Court of Appeals, Eighth Circuit. 

____________________________________ 

 /s/ Michael E. Gans 

Appellate Case: 22-3179 Page: 1 Date Filed: 10/21/2022 Entry ID: 5210409

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