Case: Washington v. Devos

2:20-cv-01119 | U.S. District Court for the Western District of Washington

Filed Date: July 20, 2020

Closed Date: Dec. 9, 2020

Clearinghouse coding complete

Case Summary

This case is about allocation of education funding for K-12 schools to private schools during the first year of the COVID-19 pandemic. This case was filed after the state of Washington obtained a preliminary injunction in a separate case that also sought to enjoin the Department of Education’s guidance for allocating Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funds. More information about that case can be found here: PB-WA-0011.As part of the CARES Act, Congress allocated mo…

This case is about allocation of education funding for K-12 schools to private schools during the first year of the COVID-19 pandemic. This case was filed after the state of Washington obtained a preliminary injunction in a separate case that also sought to enjoin the Department of Education’s guidance for allocating Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funds. More information about that case can be found here: PB-WA-0011.

As part of the CARES Act, Congress allocated money to elementary and secondary schools to purchase protective equipment, cleaning supplies, and other items needed to respond to COVID-19 in the classroom. On July 1, 2020, the U.S. Department of Education (DoED) promulgated an interim final rule instructing school districts how to allocate the funds between public and private schools. Believing that the rule contravened Congress’s intent for allocating the CARES money, the state of Washington filed suit against the DoED in the District Court for the Western District of Washington on July 20, 2020. Washington claimed that DoED’s rule funneled money to private schools in violation of the CARES Act, which expressly required that funding for private schools comply with the Elementary and Secondary Education Act (ESEA). Judge Barbara Rothstein was assigned the case. The state of Washington was represented by the Washington State Attorney General's Office while the DoED was represented by the Department of Justice and private counsel.

In the CARES Act, Congress stated that allocation of the relief funds must be done “in the same manner as provided” in the ESEA. The ESEA dictates that funding amounts for private schools should be calculated based on the number of enrolled students from low-income families. The state of Washington argued that the DoED’s rule provided two choices, neither of which complied with the ESEA’s standards. The first option (the “poverty-based formula”) allowed school districts to determine funding for private schools based on the number of low-income students, but only if certain public schools that did not receive federal funding were excluded. Washington argued that this exclusion—which would preclude many public schools with low-income students from receiving CARES funds—contravened Congress’s intent to provide financial assistance to low-income students during the COVID-19 pandemic.

The second choice (the “enrollment-based formula”) allowed schools districts to use the CARES funding for all public schools. But in calculating the funds for private schools, school districts were required to consider all private school students regardless of income, whereas the ESEA only considered students from low-income families. Washington argued that this would result in private schools receiving a disproportionately high share of the funds.

Washington argued that DoED’s rule was an arbitrary and capricious action that exceeded the agency’s authority in violation of the Administrative Procedure Act (APA). Washington also contended that the rule violated separation-of-powers principles and the U.S. Constitution’s Spending Clause by effectively usurping Congress’ lawmaking power. Washington sought a declaration that the DoED's rule was invalid, injunctive relief enjoining the DoED’s rule and dispersing COVID education aid differently, and attorneys’ fees.

Three days after filing the complaint, Washington moved for a preliminary injunction. Washington argued that it was necessary due to the especially negative impact of the COVID-19 pandemic on low-income students. It was argued the DoED’s new rule would worsen this impact by funneling CARES Act funding towards private schools and away from low-income students at public schools. On August 21, 2020, the court granted the preliminary injunction. 481 F.Supp.3d 1184. Finding that the plaintiff was likely to succeed on the merits, the Judge Rothstein noted that the statue was not ambiguous in its directions for allocating CARES funding and that the DoED’s interim final rule “thwart[ed] Congress’s obvious intent.”

However, on October 26, 2020, the Court dismissed the present case as the rule at issue was already enjoined in NAACP v. DeVos (ED-DC-0010). With the rule at issue already negated, the Court held that the matter was moot. On November 9, 2020, Washington filed a motion for reconsideration. They argued that because Washington was not party to NAACP v. DeVos, it would have to file an entirely new suit if the DoED failed to follow NAACP v. DeVos. Additionally, Washington claimed that they had been in discussions with defendants about the possibility of an agreed judgment.

On December 9, 2020, the motion was denied. The court cited the fact that the summary judgment from NAACP v. DeVos was sufficient to prevent the DoED from reinstating the rule at issue. Additionally, the court noted that the DoED had recognized the rule’s unenforceability and claimed they would not pursue it further. This case is presumably closed.

Summary Authors

Eric Gripp (6/18/2021)

Related Cases

Washington v. DeVos, Eastern District of Washington (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17363805/parties/state-of-washington-v-devos/


Judge(s)

Rothstein, Barbara Jacobs (Washington)

Attorneys(s) for Plaintiff

Coates, Spencer W (Washington)

Crisalli, Paul Michael (Washington)

Ferguson, Robert W. (Washington)

Johnson, Kristin Berger (Washington)

Rowe, Brian Hunt (Washington)

Simpson, R July (Washington)

Sprung, Jeffrey Todd (Washington)

Attorneys(s) for Defendant

Lane, William Kerwin III (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Rothstein, Barbara Jacobs (Washington)

Attorneys(s) for Plaintiff

Coates, Spencer W (Washington)

Crisalli, Paul Michael (Washington)

Ferguson, Robert W. (Washington)

Johnson, Kristin Berger (Washington)

Rowe, Brian Hunt (Washington)

Simpson, R July (Washington)

Sprung, Jeffrey Todd (Washington)

Attorneys(s) for Defendant

Lane, William Kerwin III (District of Columbia)

Other Attorney(s)

Berg, Luke N. (Wisconsin)

Borkowski, John W (Illinois)

Deweese, Mary E (Illinois)

Duggins-Clay, Paige (Texas)

Rushing, Aleksandra O (Missouri)

Shulman, Shmuel B (Missouri)

Stahlfeld, Eric R (Washington)

Wong, Gregory J. (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

State of Washington v. Devos

Dec. 9, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

State of Washington v. DeVos

July 20, 2020 Complaint
54

Order Granting Motion for Preliminary Injunction

State of Washington v. DeVos

481 F.Supp.3d 1184

Aug. 21, 2020 Order/Opinion
69

Order on Plaintiff State of Washington's Motion to Reconsider the October 26, 2020 Minute Order and to Enter Judgment for Washington

State of Washington v. DeVos

Dec. 9, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17363805/state-of-washington-v-devos/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against defendant(s) Betsy DeVos, United States Department of Education (Receipt # AWAWDC-6473688) Attorney Paul M. Crisalli added to party State of Washington(pty:pla), filed by State of Washington. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DeVos, # 3 Summons DOE, # 4 Exhibit Attachment 1, # 5 Exhibit Attachment 2, # 6 Exhibit Attachment 3, # 7 Exhibit Attachment 4, # 8 Exhibit Attachment 5, # 9 Exhibit Attachment 6)(Crisalli, Paul) (Entered: 07/20/2020)

1 Civil Cover Sheet

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2 Summons DeVos

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3 Summons DOE

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4 Exhibit Attachment 1

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5 Exhibit Attachment 2

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6 Exhibit Attachment 3

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7 Exhibit Attachment 4

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8 Exhibit Attachment 5

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9 Exhibit Attachment 6

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July 20, 2020 RECAP

Hon. Michelle L. Peterson added. (SG)

July 21, 2020 PACER
2

NOTICE TO FILER: re 1 Complaint,. Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions.(SG) Modified on 7/21/2020-clerical error (SG). (Entered: 07/21/2020)

July 21, 2020 PACER
3

NOTICE TO FILER: re 1 Complaint,. Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions. (SG) (Entered: 07/21/2020)

July 21, 2020 PACER
4

Summons(es) Electronically Issued as to defendant(s) All Defendants (Attachments: # 1 Summons)(SG) (Entered: 07/21/2020)

July 21, 2020 PACER
5

NOTICE of Appearance by attorney Jeffrey Todd Sprung on behalf of Plaintiff State of Washington. (Sprung, Jeffrey) (Entered: 07/21/2020)

July 21, 2020 PACER
6

NOTICE of Appearance by attorney R July Simpson on behalf of Plaintiff State of Washington. (Simpson, R) (Entered: 07/21/2020)

July 21, 2020 PACER

Add and Terminate Judges

July 21, 2020 PACER

Notice to Filer

July 21, 2020 PACER
7

NOTICE of Appearance by attorney Spencer W Coates on behalf of Plaintiff State of Washington. (Coates, Spencer) (Entered: 07/22/2020)

July 22, 2020 PACER
8

MOTION for Preliminary Injunction, filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/14/2020, (Crisalli, Paul) Modified to strike noting date per BJR Standing Order on 7/24/2020 (LH). (Entered: 07/23/2020)

1 Proposed Order

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July 23, 2020 RECAP
9

DECLARATION of Jolynn Berge filed by Plaintiff State of Washington re 8 MOTION for Preliminary Injunction (Crisalli, Paul) (Entered: 07/23/2020)

July 23, 2020 RECAP
10

DECLARATION of Thomas J. Kelly filed by Plaintiff State of Washington re 8 MOTION for Preliminary Injunction (Crisalli, Paul) (Entered: 07/23/2020)

July 23, 2020 RECAP
11

DECLARATION of Barbara Posthumus filed by Plaintiff State of Washington re 8 MOTION for Preliminary Injunction (Crisalli, Paul) (Entered: 07/23/2020)

July 23, 2020 RECAP
12

DECLARATION of Paul M. Crisalli filed by Plaintiff State of Washington re 8 MOTION for Preliminary Injunction (Crisalli, Paul) (Entered: 07/23/2020)

July 23, 2020 RECAP
13

EXHIBITS to Supplemental 12 DECLARATION of Paul M. Crisalli filed by Plaintiff State of Washington re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Crisalli, Paul) Modified on 7/23/2020 (TF). (Entered: 07/23/2020)

July 23, 2020 PACER
14

MINUTE ORDER REASSIGNING CASE by Clerk William M McCool. Case reassigned to Judge Barbara J. Rothstein for all further proceedings. Hon. Michelle L. Peterson no longer assigned to case. (TF) (Entered: 07/23/2020)

July 23, 2020 PACER
15

STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (GC) (Entered: 07/24/2020)

July 24, 2020 PACER
16

MINUTE ORDER: The Court is in receipt of the State of Washington's Motion for Preliminary Injunction. Dkt. No. 8 . The Court hereby ORDERS Defendants Department of Education and Secretary DeVos to respond no later than Thursday, July 30, 2020. Additionally, the Court hereby schedules oral argument for 10:00am PST on Tuesday, August 4, 2020. Technical details on oral argument will follow. (MW) (Entered: 07/24/2020)

July 24, 2020 PACER

~Util - Set/Reset Deadlines/Hearings AND 2 - Minute Order

July 24, 2020 PACER
17

NOTICE of Appearance by attorney Kristin Berger Johnson on behalf of Defendants Betsy DeVos, United States Department of Education. (Johnson, Kristin) (Entered: 07/27/2020)

July 27, 2020 PACER
18

MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction, filed by Defendants Betsy DeVos, United States Department of Education. (Attachments: # 1 Proposed Order)(Johnson, Kristin) (Entered: 07/27/2020)

1 Proposed Order

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July 27, 2020 RECAP
19

MINUTE ORDER: The Court is in receipt of the Governments Motion for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction. Dkt. No. 18 . If the State wishes to respond, it shall do so no later than close of business on Wednesday, July 29, 2020. Authorized by Judge Barbara J. Rothstein. (GC) (Entered: 07/28/2020)

July 28, 2020 PACER
20

RESPONSE, by Plaintiff State of Washington, to 18 MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction. (Crisalli, Paul) (Entered: 07/28/2020)

July 28, 2020 RECAP
21

DECLARATION of Paul M. Crisalli filed by Plaintiff State of Washington re 18 MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction (Crisalli, Paul) (Entered: 07/28/2020)

July 28, 2020 PACER

2 - Minute Order

July 28, 2020 PACER
22

MINUTE ORDER: The Court is in receipt of the Government's Motion for Extension of Time to Respond to the State's Motion for Preliminary Injunction, Dkt. No. 18, and the State's Response, Dkt. No. 20 . The Court hereby GRANTS the motion and extends the Government's deadline to respond to the Preliminary Injunction motion until close of business Thursday, August 6, 2020. The Court also hereby reschedules the hearing currently scheduled for August 4, 2020, Dkt. No. 16, until Monday, August 10, 2020 at 10am PST. Authorized by Judge Barbara J. Rothstein. (TH) (Entered: 07/29/2020)

July 29, 2020 PACER
23

NOTICE of Pendency of Other Action in United States District Court for the Northern District of California, case number in other court 3:20-cv-04478 ; filed by Plaintiff State of Washington. (Crisalli, Paul) (Entered: 07/29/2020)

July 29, 2020 RECAP

~Util - Set/Reset Hearings AND Order on Motion for Extension of Time-Other

July 29, 2020 PACER
24

APPLICATION OF ATTORNEY Brian H. Rowe FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff State of Washington (Fee Paid) Receipt No. AWAWDC-6502344 (Crisalli, Paul) (Entered: 07/31/2020)

July 31, 2020 PACER
25

NOTICE of Appearance by attorney Gregory J Wong on behalf of Amicus Council of the Great City Schools. (Wong, Gregory) (Entered: 07/31/2020)

July 31, 2020 PACER
26

MOTION for Leave to File Amicus Brief, filed by Amicus Council of the Great City Schools. (Attachments: # 1 [Proposed] Amicus Brief, # 2 Proposed Order [Proposed] Order) Noting Date 7/31/2020, (Wong, Gregory) (Entered: 07/31/2020)

1 [Proposed] Amicus Brief

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2 Proposed Order [Proposed] Order

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July 31, 2020 RECAP
27

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Council of the Great City Schools (Wong, Gregory) (Entered: 07/31/2020)

July 31, 2020 PACER
28

APPLICATION OF ATTORNEY John W. Borkowski FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Council of the Great City Schools (Fee Paid) Receipt No. BWAWDC-6502574 (Wong, Gregory) (Entered: 07/31/2020)

July 31, 2020 PACER
29

APPLICATION OF ATTORNEY Mary Deweese FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Council of the Great City Schools (Fee Paid) Receipt No. AWAWDC-6502615 (Wong, Gregory) (Entered: 07/31/2020)

July 31, 2020 PACER
30

APPLICATION OF ATTORNEY Paige Duggins-Clay FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Council of the Great City Schools (Fee Paid) Receipt No. AWAWDC-6502622 (Wong, Gregory) (Entered: 07/31/2020)

July 31, 2020 PACER
31

APPLICATION OF ATTORNEY Aleksandra O. Rushing FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Council of the Great City Schools (Fee Paid) Receipt No. AWAWDC-6502627 (Wong, Gregory) (Entered: 07/31/2020)

July 31, 2020 PACER
32

APPLICATION OF ATTORNEY Shmuel B. Shulman FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Council of the Great City Schools (Fee Paid) Receipt No. AWAWDC-6502629 (Wong, Gregory) (Entered: 07/31/2020)

July 31, 2020 PACER
33

MINUTE ORDER: The Court is in receipt of the Council of the Great City Schools' Motion for Leave to File Amicus Brief. Dkt. No. 26 . The Court notes the State's consent. The Department shall respond no later than Tuesday, August 4, 2020 as to whether it objects to leave to file. Authorized by Judge Barbara J. Rothstein. (TH) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
34

ORDER re 24 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brian Hunt Rowe for Plaintiff State of Washington, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/03/2020)

Aug. 3, 2020 PACER

2 - Minute Order

Aug. 3, 2020 PACER

Order on Application for Leave to Appear Pro Hac Vice

Aug. 3, 2020 PACER
35

NOTICE of No Opposition re 26 MOTION for Leave to File Amicus Brief ; filed by Defendants Betsy DeVos, United States Department of Education. (Johnson, Kristin) (Entered: 08/04/2020)

Aug. 4, 2020 RECAP
36

ORDER re 30 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Paige Duggins-Clay for Amicus Council of the Great City Schools, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
37

ORDER re 31 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Aleksandra O. Rushing for Amicus Council of the Great City Schools, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
38

ORDER re 32 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Shmuel Benzion Shulman for Amicus Council of the Great City Schools, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
39

ORDER re 28 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John W Borkowski for Amicus Council of the Great City Schools, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/04/2020)

Aug. 4, 2020 PACER

Order on Application for Leave to Appear Pro Hac Vice

Aug. 4, 2020 PACER
40

MINUTE ORDER: The Court is in receipt of the Government's Notice of No Opposition, Dkt. No. 35, to amicus curiae Council of the Great City Schools' Motion for Leave to File Amicus Brief, Dkt. No. 26 . The Court hereby GRANTS the motion and the Council's request to file an overlength brief. Authorized by Judge Barbara J. Rothstein. (TH) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
41

ORDER re 29 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Mary E Deweese for Amicus Council of the Great City Schools, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 08/05/2020)

Aug. 5, 2020 PACER
42

BRIEF by Amicus Council of the Great City Schools re 8 Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Wong, Gregory) Modified to add linkage to Motion on 8/6/2020 (LH). (Entered: 08/05/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Aug. 5, 2020 RECAP

Order on Motion for Leave to File

Aug. 5, 2020 PACER

Order on Application for Leave to Appear Pro Hac Vice

Aug. 5, 2020 PACER
43

NOTICE of Appearance by attorney Eric R Stahlfeld on behalf of Amicus Parties Mackinac Center for Public Policy, Council for American Private Education, National Catholic Educational Association, Agudath Israel of America, Council of Islamic Schools in North America, Association of Christian Schools International, Association of Christian Teachers and Schools, WELS Commission on Lutheran Schools, Washington State Catholic Conference, Washington Federation of Independent Schools (WFIS), American Federation for Children (AFC), EdChoice, Catholic Education Partners, Washington Policy Center (WPC), California Catholic Conference (CCC), Colorado Catholic Conference (CCC), Colorado Association of Private Schools (CAPS), Indiana Non-Public Education Association, Michigan Catholic Conference (MCC), Michigan Association of Non-Public Schools (MANS), Midsouth Association of Independent Schools, Catholic Conference of Oklahoma (CCO), Pennsylvania Affiliate of the Council for American Private Education (PACAPE), Texas Private Schools Association, Wisconsin Council of Religious & Independent Schools (WCRIS), Wisconsin Catholic Conference (WCC), School Choice Wisconsin Action, Goldwater Institute, California Policy Center, James Madison Institute (JMI), Liberty Justice Center, Great Lakes Education Foundation, Mississippi Center for Public Policy, Nevada Policy Research Institute (NPRI), Rio Grande Foundation, Roughrider Policy Center, Buckeye Institute, Commonwealth Foundation, School Choice Wisconsin. (Stahlfeld, Eric) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
44

APPLICATION OF ATTORNEY Luke N. Berg FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Parties Agudath Israel of America, American Federation for Children (AFC), Association of Christian Schools International, Association of Christian Teachers and Schools, Buckeye Institute, California Catholic Conference (CCC), California Policy Center, Catholic Conference of Oklahoma (CCO), Catholic Education Partners, Colorado Association of Private Schools (CAPS), Colorado Catholic Conference (CCC), Commonwealth Foundation, Council for American Private Education, Council of Islamic Schools in North America, Council of the Great City Schools, EdChoice, Goldwater Institute, Great Lakes Education Foundation, Indiana Non-Public Education Association, James Madison Institute (JMI), Liberty Justice Center, Mackinac Center for Public Policy, Michigan Association of Non-Public Schools (MANS), Michigan Catholic Conference (MCC), Midsouth Association of Independent Schools, Mississippi Center for Public Policy, National Catholic Educational Association, Nevada Policy Research Institute (NPRI), Pennsylvania Affiliate of the Council for American Private Education (PACAPE), Rio Grande Foundation, Roughrider Policy Center, School Choice Wisconsin, School Choice Wisconsin Action, Texas Private Schools Association, WELS Commission on Lutheran Schools, Washington Federation of Independent Schools (WFIS), Washington Policy Center (WPC), Washington State Catholic Conference, Wisconsin Catholic Conference (WCC), Wisconsin Council of Religious & Independent Schools (WCRIS) (Fee Paid) Receipt No. AWAWDC-6514071 (Stahlfeld, Eric) Removed party name on 8/7/2020 (DS). (Entered: 08/06/2020)

Aug. 6, 2020 PACER
45

MOTION for Leave to File Amicus Brief, filed by Amicus Parties Agudath Israel of America, American Federation for Children (AFC), Association of Christian Schools International, Association of Christian Teachers and Schools, Buckeye Institute, California Catholic Conference (CCC), California Policy Center, Catholic Conference of Oklahoma (CCO), Catholic Education Partners, Colorado Association of Private Schools (CAPS), Colorado Catholic Conference (CCC), Commonwealth Foundation, Council for American Private Education, Council of Islamic Schools in North America, Council of the Great City Schools, EdChoice, Goldwater Institute, Great Lakes Education Foundation, Indiana Non-Public Education Association, James Madison Institute (JMI), Liberty Justice Center, Michigan Association of Non-Public Schools (MANS), Michigan Catholic Conference (MCC), Midsouth Association of Independent Schools, Mississippi Center for Public Policy, National Catholic Educational Association, Nevada Policy Research Institute (NPRI), Pennsylvania Affiliate of the Council for American Private Education (PACAPE), Rio Grande Foundation, Roughrider Policy Center, School Choice Wisconsin, School Choice Wisconsin Action, Texas Private Schools Association, WELS Commission on Lutheran Schools, Washington Federation of Independent Schools (WFIS), Washington Policy Center (WPC), Washington State Catholic Conference, Wisconsin Catholic Conference (WCC), Wisconsin Council of Religious & Independent Schools (WCRIS). (Attachments: # 1 Proposed Order) Noting Date 8/6/2020, (Stahlfeld, Eric) (Entered: 08/06/2020)

1 Proposed Order

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Aug. 6, 2020 PACER
46

MOTION for Leave to File Amicus Brief IN SUPPORT OF DEFENDANTS AND IN OPPOSITION TO PRELIMINARY INJUNCTION, filed by Amicus Parties Agudath Israel of America, American Federation for Children (AFC), Association of Christian Schools International, Association of Christian Teachers and Schools, Buckeye Institute, California Catholic Conference (CCC), California Policy Center, Catholic Conference of Oklahoma (CCO), Catholic Education Partners, Colorado Association of Private Schools (CAPS), Colorado Catholic Conference (CCC), Commonwealth Foundation, Council for American Private Education, Council of Islamic Schools in North America, Council of the Great City Schools, EdChoice, Goldwater Institute, Great Lakes Education Foundation, Indiana Non-Public Education Association, James Madison Institute (JMI), Liberty Justice Center, Michigan Association of Non-Public Schools (MANS), Michigan Catholic Conference (MCC), Midsouth Association of Independent Schools, Mississippi Center for Public Policy, National Catholic Educational Association, Nevada Policy Research Institute (NPRI), Pennsylvania Affiliate of the Council for American Private Education (PACAPE), Rio Grande Foundation, Roughrider Policy Center, School Choice Wisconsin, School Choice Wisconsin Action, Texas Private Schools Association, WELS Commission on Lutheran Schools, Washington Federation of Independent Schools (WFIS), Washington Policy Center (WPC), Washington State Catholic Conference, Wisconsin Catholic Conference (WCC), Wisconsin Council of Religious & Independent Schools (WCRIS). Noting Date 8/6/2020, (Stahlfeld, Eric) Modified on 8/7/2020 to terminate motion and edit docket text (TH). (Entered: 08/06/2020)

Aug. 6, 2020 RECAP
47

ORDER re 44 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Amicus Parties Agudath Israel of America, American Federation for Children (AFC), Association of Christian Schools International, Association of Christian Teachers and Schools, Buckeye Institute, California Catholic Conference (CCC), California Policy Center, Catholic Conference of Oklahoma (CCO), Catholic Education Partners, Colorado Association of Private Schools (CAPS), Colorado Catholic Conference (CCC), Commonwealth Foundation, Council for American Private Education, Council of Islamic Schools in North America, Council of the Great City Schools, EdChoice, Goldwater Institute, Great Lakes Education Foundation, Indiana Non-Public Education Association, James Madison Institute (JMI), Liberty Justice Center, Mackinac Center for Public Policy, Michigan Association of Non-Public Schools (MANS), Michigan Catholic Conference (MCC), Midsouth Association of Independent Schools, Mississippi Center for Public Policy, National Catholic Educational Association, Nevada Policy Research Institute (NPRI), Pennsylvania Affiliate of the Council for American Private Education (PACAPE), Rio Grande Foundation, Roughrider Policy Center, School Choice Wisconsin, School Choice Wisconsin Action, Texas Private Schools Association, WELS Commission on Lutheran Schools, Washington Federation of Independent Schools (WFIS), Washington Policy Center (WPC), Washington State Catholic Conference, Wisconsin Catholic Conference (WCC), Wisconsin Council of Religious & Independent Schools (WCRIS) by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) Removed party name on 8/7/2020 (DS). (Entered: 08/06/2020)

Aug. 6, 2020 PACER
48

MINUTE ORDER: The Court is in receipt of amici curiae's Motion for Leave to File Amicus Brief. Dkt. No. 45 . Noting that all parties have consented, Dkt. No. 45 at 2, the Court hereby GRANTS leave to file. Authorized by Judge Barbara J. Rothstein. (TH) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
49

NOTICE of Appearance by attorney William Kerwin Lane, III on behalf of Defendants Betsy DeVos, United States Department of Education. (Lane, William) (Entered: 08/06/2020)

Aug. 6, 2020 PACER
50

RESPONSE, by Defendants Betsy DeVos, United States Department of Education, to 8 MOTION for Preliminary Injunction . (Lane, William) (Entered: 08/06/2020)

Aug. 6, 2020 RECAP

Order on Application for Leave to Appear Pro Hac Vice

Aug. 6, 2020 PACER

Order on Motion for Leave to File

Aug. 6, 2020 PACER
51

REPLY, filed by Plaintiff State of Washington, TO RESPONSE to 8 MOTION for Preliminary Injunction (Crisalli, Paul) (Entered: 08/09/2020)

Aug. 9, 2020 PACER
52

MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: Paul Crisalli, Jeffrey Sprung, Brian Rowe; Def Counsel: William Lane; CR: Andrea Ramirez; Time of Hearing: 10:00AM; Preliminary Injunction Hearing held on 8/10/2020 via ZoomGov. Court hears argument from counsel and takes matter under advisement. Written order to follow. (GC) Modified on 8/10/2020 (GC). (Entered: 08/10/2020)

Aug. 10, 2020 PACER

Preliminary/Permanent Injunction Hearing

Aug. 10, 2020 PACER
53

NOTICE of Pendency of Other Action in United States District Court for the District of Maryland, case number in other court 1:20-cv-02310 ; filed by Plaintiff State of Washington. (Crisalli, Paul) (Entered: 08/17/2020)

Aug. 17, 2020 RECAP
54

ORDER granting the State's 8 Motion for Preliminary Injunction. Signed by Judge Barbara J. Rothstein. (LH) (Entered: 08/21/2020)

Aug. 21, 2020 RECAP
55

MOTION CLARIFICATION REGARDING SCOPE OF PRELIMINARY INJUNCTION re 54 Order on Motion for Preliminary Injunction, filed by Defendants Betsy DeVos, United States Department of Education. (Attachments: # 1 Proposed Order) Noting Date 8/26/2020, (Lane, William) (Entered: 08/26/2020)

1 Proposed Order

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Aug. 26, 2020 RECAP
56

MINUTE ORDER: The Court is in receipt of Defendants' Motion for Clarification regarding the scope of the Preliminary Injunction issued by the Court in this matter on August 21, 2020. Dkt. No. 55 . The State shall respond to this Motion no later than August 31, 2020, and Defendants may reply in support of their Motion no later than September 2, 2020. Authorized by Judge Barbara J. Rothstein. (LH) (Entered: 08/27/2020)

Aug. 27, 2020 PACER

Order to Re-Note Motion

Aug. 27, 2020 PACER
57

NOTICE of Related Case(s) 3:20-cv-04478-JD, by Plaintiff State of Washington. (Attachments: # 1 Attachment)(Sprung, Jeffrey) (Entered: 08/28/2020)

1 Attachment

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Aug. 28, 2020 RECAP
58

RESPONSE, by Plaintiff State of Washington, to 55 MOTION CLARIFICATION REGARDING SCOPE OF PRELIMINARY INJUNCTION re 54 Order on Motion for Preliminary Injunction . (Simpson, R) (Entered: 08/31/2020)

Aug. 31, 2020 RECAP
59

REPLY, filed by Defendants Betsy DeVos, United States Department of Education, TO RESPONSE to 55 MOTION CLARIFICATION REGARDING SCOPE OF PRELIMINARY INJUNCTION re 54 Order on Motion for Preliminary Injunction (Lane, William) (Entered: 09/02/2020)

Sept. 2, 2020 RECAP
60

MINUTE ORDER: The Court is in receipt of the parties' briefing on Defendants' Motion for Clarification Regarding Scope of Preliminary Injunction. Dkt. No. 55 . In its response, the State asks for expedited briefing on a dispositive motion it seeks to file, which would address whether or not the preliminary injunction should be made permanent and/or whether summary judgment should be granted in this matter. Because the Court believes that clarification will be obviated by the Court's ruling on the dispositive motion the State proposes, it hereby sets the following expedited briefing schedule: the State shall submit its motion no later than September 11, 2020. Defendants shall respond no later than September 18, 2020, and the State may reply no later than September 23, 2020. The State's motion and Defendants' response shall not exceed 12 pages. The State's reply shall not exceed 5 pages. Authorized by Judge Barbara J. Rothstein. (LH) (Entered: 09/03/2020)

Sept. 3, 2020 PACER

2 - Minute Order

Sept. 3, 2020 PACER
61

MINUTE ORDER: The Court has reviewed the decision rendered by Judge Dabney Friedrich in NAACP v. DeVos granting summary judgment to plaintiffs and vacating the Interim Final Rule at issue in the matter before this Court. See No. 20-cv-1996, 2020 WL 5291406 (D.D.C. Sept. 4, 2020). The Court hereby schedules a video-teleconference for 9:00 am PDT on Wednesday, September 9, 2020 to discuss the effect of that ruling on future motions in this case. Authorized by Judge Barbara J. Rothstein. (LH) (Entered: 09/08/2020)

Sept. 8, 2020 PACER

~Util - Set/Reset Deadlines/Hearings AND 2 - Minute Order

Sept. 8, 2020 PACER
62

MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: Paul Crisalli, Jeffrey Sprung,; Def Counsel: William Lane; CR: Nickie Drury; Time of Hearing: 9:00AM; Telephone Conference via ZoomGov held on 9/9/2020. Court discusses recent ruling in NAACP v. DeVos with both parties and its effect on this case. Modified on 9/9/2020 (GC). (Entered: 09/09/2020)

Sept. 9, 2020 PACER
63

MINUTE ORDER: On September 9, 2020, the Court held a hearing on this matter via video-teleconference. The State of Washington was represented by Paul Crisalli and the Defendants by William Lane III. During the hearing, the parties discussed the recent ruling in NAACP v. DeVos and its effect on this case. See No. 20-cv-1996, 2020 WL 5291406 (D.D.C. Sept. 4, 2020). Defendants represented that the Department of Education considers the Interim Final Rule vacated and no longer in effect nationwide. In light of this representation, the Court will allow the State of Washington to file its Motion for Summary Judgment, but will stay all other proceedings for 30 days from this Order while the Defendants consider whether to appeal the ruling in NAACP v. DeVos. The Court hereby ORDERS Defendants to notify the Court within 30 days, or as soon as the decision is made, as to whether they intend to appeal. Authorized by Judge Barbara J. Rothstein. (LH) (Entered: 09/09/2020)

Sept. 9, 2020 PACER

Telephone Conference

Sept. 9, 2020 PACER

2 - Minute Order

Sept. 9, 2020 PACER
64

MOTION for Summary Judgment, filed by Plaintiff State of Washington. (Attachments: # 1 Proposed Order)(Crisalli, Paul) (Entered: 09/11/2020)

1 Proposed Order

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Sept. 11, 2020 PACER
65

MINUTE ORDER: The Court in NAACP v. DeVos (D.D.C 20-cv-1996) having effectively enjoined the rule at issue in the case before this Court, the Court finds that no further action is required in this matter and, therefore, dismisses this case. Authorized by Judge Barbara J. Rothstein. (MW) (Entered: 10/26/2020)

Oct. 26, 2020 PACER

Order Dismissing Case

Oct. 26, 2020 PACER
66

MOTION for Reconsideration re 65 Order Dismissing Case,, filed by Plaintiff State of Washington. (Attachments: # 1 Proposed Order) Noting Date 11/9/2020, (Crisalli, Paul) (Entered: 11/09/2020)

1 Proposed Order

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Nov. 9, 2020 RECAP
67

MINUTE ORDER: The Court is in receipt of the State of Washington's Motion for Reconsideration. Dkt. No. 66 . Pursuant to W.D. Wa. LCR 7(h)(3), the Court hereby orders Defendants to respond no later than Monday, November 16, 2020. Defendants' response shall not exceed 7 pages. Authorized by Judge Barbara J. Rothstein. (MW) (Entered: 11/10/2020)

Nov. 10, 2020 PACER
68

RESPONSE, by Defendants Betsy DeVos, United States Department of Education, to 66 MOTION for Reconsideration re 65 Order Dismissing Case, . (Attachments: # 1 Exhibit Email from K. Talmor to Plaintiff's Counsel)(Talmor, Kate) (Entered: 11/16/2020)

1 Exhibit Email from K. Talmor to Plaintiff's Counsel

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Nov. 16, 2020 RECAP
69

ORDER denying Plaintiff's 66 Motion for Reconsideration re 65 Order Dismissing Case. Should the Department renege on this commitment, and attempt to enforce the now-defunct Rule, the State may seek to reopen this matter at that time. Signed by Judge Barbara J. Rothstein. (LH) (Entered: 12/09/2020)

Dec. 9, 2020 RECAP

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: July 20, 2020

Closing Date: Dec. 9, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The state of Washington

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Education (Washington), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Commerce Power

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Education

Funding

Public assistance grants

COVID-19:

Mitigation Granted

Mitigation Requested

Benefit Source:

CARES Act (Covid-related)