Case: Washington v. Devos

State of Washington v. Devos

State of Washington v. DeVos

State of Washington v. DeVos

State of Washington v. DeVos

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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Hon. Michelle L. Peterson added. (SG)

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)

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)

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

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

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

Add and Terminate Judges

Notice to Filer

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

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

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

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

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

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)

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)

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)

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)

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

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)

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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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)

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)

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)

2 - Minute Order

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)

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)

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

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)

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

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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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)

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)

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)

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)

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)

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)

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)

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)

2 - Minute Order

Order on Application for Leave to Appear Pro Hac Vice

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)

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)

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)

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)

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)

Order on Application for Leave to Appear Pro Hac Vice

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)

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)

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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Order on Motion for Leave to File

Order on Application for Leave to Appear Pro Hac Vice

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)

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)

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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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)

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)

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)

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)

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

Order on Application for Leave to Appear Pro Hac Vice

Order on Motion for Leave to File

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

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)

Preliminary/Permanent Injunction Hearing

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)

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

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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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)

Order to Re-Note Motion

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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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)

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)

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)

2 - Minute Order

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)

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

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)

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)

Telephone Conference

2 - Minute Order

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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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)

Order Dismissing Case

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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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)

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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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)