Full Opinion

1600 Wilson Boulevard, Suite 700 Arlington, VA 22209 Consovoy McCarthy ruc 03 0493 www.consovoymcecarthy.com October 8, 2026 Hon. Cathy Seibel, U.S. Dastrict Judge The Hon. Charles L. Brieant Jr. Federal Building and U.S. Courthouse 300 Quarropas St. White Plains, NY 10601-4150 Re: Defending Education v. Croton-Harmon Union Free School Dtstrict et al., No. 7:24-cv-4485-CS Dear Judge Seibel: I represent Plaintiff Defending Education’ in the above-referenced matter. I write to request a 30-day adjournment of the status conference scheduled for October 14, 2026, at 11:15 a.m. See Dkt.44. This is the first request for an adjournment. Plaintiff requests this adjournment due to counsel’s scheduling conflicts and so the parties can explore possible resolution of this case. Defendants’ counsel does not oppose the re- quested adjournment due to counsel’s scheduling conflicts. Plaintiff filed this case and moved for a preliminary injunction in June 2024. Dkts.1, 6. Plaintiff conceded that, under two binding circuit precedents, its motion must be denied and the case must be dismissed. Dkt.6 at 1-2; Dkt.6-1 at 1-2, 9-13. The Court agreed and so denied the preliminary-injunction motion and dismissed the case for lack of subject-matter jurisdiction under those two precedents. Dkt.36. While Plaintiffs ap- peal was pending, the Second Circuit vacated one of those precedents. See Do No Harm v. Pfizer, 126 F.4th 109, 113 (2d Cir. 2025) (per curiam). The Second Circuit then over- ruled the second precedent, reversed this Court’s judgment of dismissal, and remanded this case for further proceedings. See Dkts.42-43. On October 6, 2026, the Second Cir- cuit mandate issued and this Court set a status conference for October 14. There are no pending filing deadlines at this time. On October 7, the undersigned contacted counsel for Defendants to discuss an adjournment, next steps in the case, and to explore a possible resolution. To conserve party resources (here, Croton taxpayers) and in the interest of judicial economy, Plaintiff proposed to Defendants and respectfully moves the Court for a 30-day adjournment of ‘When it filed this lawsuit, Plaintiff was called “Parents Defending Education.” It has since changed its name to “Defending Education.” See CA2-Dkt.43.1. 1600 Wilson Boulevard, Suite 700 Arlington, VA 22209 Consovoy McCa rthy PLLC 703.243.9423 WwWw.cons ovoymec carthy. com the status conference to allow the parties to explore possible resolution of this case before resuming litigation, including any renewed preliminary-injunction motion or a response to the complaint. Defendants’ counsel does not oppose the requested 30-day adjournment due to Plaintiff’s counsel’s scheduling conflicts. Defendant’s counsel, who is currently abroad, advised that Friday would be the earliest he could speak to his clients and get back to Plaintiff about engaging in any settlement discussions. Plaintiff is filing this letter now because, due to Monday’s federal holiday, Plaintiff would not receive Defendants’ position regarding settlement discussions in time to move for an adjourn- ment under this Court’s individual practices (§]1-D), which require a request for an ad- journment of a court appearance to “be made at least three (3) business days prior to the scheduled appearance.” accordingly, Plaintiff respectfully requests a 30-day adjournment of the October 14 status conference. Respecttully submitted, /s! J. Michael Connolly J. Michael Connolly* Consovoy McCarthy PLLC Conference adjourned to November 4, 2026 at 1600 Wilson Blvd., Ste. 700 2:15 p.m. After Defendant's counsel has had Arlington, VA 22209 the opportunity to confer with their clients, if (703) 243-9423 the parties believe they are getting somewhere mike@consovoymcecarthy.com in settlement discussions, the parties may write to the Court at that time with an update ‘admitted bro hac vi on the status of those discussions. aamilied pro Dac vice SO ORDERED. J) Lokel 10/8/26 CATHY SEIBEL, U.S.D.J.