Case: Michigan v. Devos

3:20-cv-04478 | U.S. District Court for the Northern District of California

Filed Date: July 7, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is an action filed in response to the CARES Act and an interim final rule from the Department of Education regarding how funds could be distributed between private and public schools. The court granted a preliminary injunction prohibiting enforcement of the interim final rule on August 26, 2020. On November 9, the court approved a permanent injunction that prohibited the defendants from implementing the interim rule and from taking any action inconsistent with the proport…

COVID-19 Summary: This is an action filed in response to the CARES Act and an interim final rule from the Department of Education regarding how funds could be distributed between private and public schools. The court granted a preliminary injunction prohibiting enforcement of the interim final rule on August 26, 2020. On November 9, the court approved a permanent injunction that prohibited the defendants from implementing the interim rule and from taking any action inconsistent with the proportional share formula provided by Congress. The court retained jurisdiction over the case for enforcement purposes.


This lawsuit arose out of the funding provisions for elementary and secondary schools in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) of 2020. Filed by eight states (California, Michigan, Hawaii, Maine, Maryland, New Mexico, Pennsylvania, and Wisconsin), Washington D.C., and four school districts (Chicago, Cleveland, New York City, and San Francisco), the lawsuit challenged a July 1, 2020 interim final rule from the Department of Education about how the funds may be distributed between private and public schools.

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) of 2020 was passed on March 27, 2020 to provide trillions of dollars in financial relief, and other assistance, to Americans suffering from the effects of the coronavirus pandemic. The CARES Act set aside approximately $16 billion to help elementary and secondary schools, particularly those schools with low-income students. The money was to be allocated based on the amount of Title I funding each state and school district received in the most recent year. Private schools were eligible to receive funds in certain circumstances consistent with established Title I criteria-the number of children from low-income families who attend the school.

The Department of Education issued non-binding guidance on April 30, 2020 directing that private schools should get a share of CARES Act money based on their overall student population not just their number of low-income students. Widespread pushback followed, but nonetheless, on July 1, 2020, the Department published an interim final rule instructing that CARES Act money be apportioned to private schools based on the number of all children enrolled, not just low income children, or apportioned based on low-income private school children and incur poison pill requirements on how the public school share of the money may be used.

In response, Michigan, California, Washington D.C., Maine, New Mexico, and Wisconsin filed this lawsuit against the Secretary of Education (Betsy Devos) and the Department of Education in the U.S. District Court for Northern District of California on July 7, 2020. The plaintiffs argued that the rule exceeded the Department's authority, was not in accordance with the governing law, violated separation of powers principles, and violated the Constitution's spending clause. In addition, the states argued that the rule violated the Administrative Procedure Act (APA) because the Department acted arbitrary and capricious and bypassed notice and comment procedures required by the APA. The plaintiffs sought attorneys' fees and costs, a declaration that the July 1 rule and the April 30 guidance document are unlawful, and preliminary and permanent relief preventing the Department from enforcing the rule. On July 17, 2020, the plaintiffs amended the complaint to add additional states (Hawaii, Maryland, and Pennsylvania) and four school districts (Chicago, Cleveland, New York City, and San Francisco) as plaintiffs. The case was assigned to Judge James Donato.

With the school year approaching, the plaintiffs filed a motion for a preliminary injunction barring enforcement of the rule on July 20, 2020, arguing that the rule threatens imminent and irreparable harm to to schools and students across the country. The plaintiffs stressed that as a result of the rule, public schools would lose CARES Act funding in contradiction to Congress intent. The court held a hearing on the preliminary injunction on August 18, 2020.

On August 26, 2020 Judge Donato granted a preliminary injunction against the rule. 2020 WL 5074397 (Aug. 26, 2020). Michigan v. DeVos, --- F.Supp.3d ---- (2020). Judge Donato explained that the plaintiffs were likely to succeed on their claim rule was an unlawful action under the APA because it exceeded the Department's authority. Congress's intent was plain and clear that the funds should be distributed according to formula in Section 1117 of the Elementary and Secondary Education Act which is based on the number of low-income families who attended private schools. Judge Donato called the Department's argument for the rule "'interpretive jiggery-pokery' in the extreme," and questioned why Congress would include Section 1117, if it did not intend the formula to be used: "If Congress did not mean to use the formula in Section 1117, wouldn't it simply have omitted any reference to it in the first place? But since Congress expressly referred to Section 1117, what exactly does the Department think that means?"

On October 9, the Department of Education issued new guidance that replaced the rule.

On November 6, the defendants consented to the entry of a permanent injunction that prevented the defendants from implementing the April 30 guidance and taking any action inconsistent with the proportional share formula in Section 1117 or other restrictions or penalties on the use of CARES Act funds. The defendants waived their rights to seek reconsideration of or appeal of the decision.

On November 9, the court approved the permanent injunction and issued a judgment on November 11. The court retained jurisdiction over the case for enforcement purposes.

Summary Authors

Emily Kempa (9/7/2020)

Chandler Hart-McGonigle (11/30/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17327652/parties/state-of-michigan-v-devos/


Judge(s)

Donato, James (California)

Attorneys(s) for Plaintiff

Balderas, Hector (New Mexico)

Becerra, Xavier (California)

Belton, Sarah (California)

Burtzlaff, Kevin J (Ohio)

Colwell, Gabriel (California)

Connors, Clare E. (Hawaii)

Downes, Brendan (District of Columbia)

Fischer, Michael J (Pennsylvania)

Forster, Sarah (Maine)

Judge(s)

Donato, James (California)

Attorneys(s) for Plaintiff

Balderas, Hector (New Mexico)

Becerra, Xavier (California)

Belton, Sarah (California)

Burtzlaff, Kevin J (Ohio)

Colwell, Gabriel (California)

Connors, Clare E. (Hawaii)

Downes, Brendan (District of Columbia)

Fischer, Michael J (Pennsylvania)

Forster, Sarah (Maine)

Fretz, Rebekah A (California)

Frey, Aaron M (Maine)

Frosh, Brian E. (Maryland)

Giandomenico, Lisa Marie (New Mexico)

Giovanatti, Neil Anthony (Michigan)

Hammoud, Fadwa Alawieh (Michigan)

Hanna, W Michael (Ohio)

Harris, Toni L. (Michigan)

Hill, Nicole (District of Columbia)

Houck, Danielle Marie (California)

Jennings, Colin Robert (Ohio)

Johnson, James E. (New York)

Jurss, Hannah (Wisconsin)

Kaul, Josh (Wisconsin)

Khoury, P Choulla (New Mexico)

Kim, Susanne N (California)

Konopka, Kathleen (District of Columbia)

Lindsey, Garrett Murlan (California)

Lu, Hope (New York)

Mincy, J. Ernest III (Illinois)

Moriarty, Joseph T (Illinois)

Nessel, Dana M. (Michigan)

Newman, Michael L. (California)

Proshansky, Eric (New York)

Racine, Karl A. (District of Columbia)

Richardson, Kevin M. (Hawaii)

Rubin, Gail (New York)

Shapiro, Joshua D. (Pennsylvania)

Shikada, Holly T. (Hawaii)

Spivak, Emily R (Ohio)

Sullivan, Steven M. (Maryland)

Zahradka, James F. II (California)

Attorneys(s) for Defendant

Davis, Ethan P. (District of Columbia)

Lane, William Kerwin III (District of Columbia)

Morrell, David Michael (District of Columbia)

Ricketts, Jennifer (District of Columbia)

Talmor, Kate (District of Columbia)

Other Attorney(s)

Berg, Luke N. (Wisconsin)

Borkowski, John W (Illinois)

Bucher, Mark W (California)

Deweese, Mary E (Illinois)

Duggins-Clay, Paige (Texas)

Mizerk, Donald J (Illinois)

Rushing, Aleksandra O (Missouri)

Shulman, Shmuel B (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

State of Michigan v. Devos

Nov. 20, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

State of Michigan v. Devos

July 7, 2020 Complaint
24

First Amended Complaint for Declaratory and Injunctive Relief

State of Michigan v. Devos

July 17, 2020 Complaint
35

Plaintiffs' Notice of Motion and Motion for Preliminary Injunction; Memorandum of Points and Authorities in Support Thereof

State of Michigan v. Devos

July 20, 2020 Pleading / Motion / Brief
68

Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction

State of Michigan v. Devos

July 30, 2020 Pleading / Motion / Brief
73

Plaintiffs' Reply in Support of Motion for Preliminary Injunction

State of Michigan v. Devos

Aug. 5, 2020 Pleading / Motion / Brief
82

Order Re Preliminary Injunction

State of Michigan v. Devos

481 F.Supp.3d 984, 2020 WL 5074397

Aug. 26, 2020 Order/Opinion
90

Stipulation to Enter an Order and Judgment Granting a Permanent Injunction and Closing the Case

State of Michigan v. DeVos

Nov. 6, 2020 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17327652/state-of-michigan-v-devos/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief against Betsy DeVos, United States Department of Education ( Filing fee $ 400, receipt number 0971-14661586.). Filed byState of Wisconsin, District of Columbia, State of California, State of Maine, State of Michigan, State of New Mexico. (Attachments: # 1 Civil Cover Sheet)(Lindsey, Garrett) (Filed on 7/7/2020) (Entered: 07/07/2020)

1 Civil Cover Sheet

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July 7, 2020 RECAP
2

Proposed Summons. (Lindsey, Garrett) (Filed on 7/7/2020) (Entered: 07/07/2020)

July 7, 2020 PACER
3

Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/21/2020. (mbcS, COURT STAFF) (Filed on 7/7/2020) (Entered: 07/07/2020)

July 7, 2020 PACER
4

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14662934.) filed by State of Michigan. (Attachments: # 1 Certificate of Good Standing)(Harris, Toni) (Filed on 7/7/2020) (Entered: 07/07/2020)

1 Certificate of Good Standing

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July 7, 2020 RECAP

~Util - Case Assigned by Intake

July 7, 2020 PACER
5

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14665682.) filed by State of Michigan. (Attachments: # 1 Certificate of Good Standing)(Giovanatti, Neil) (Filed on 7/8/2020) (Entered: 07/08/2020)

July 8, 2020 PACER
6

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14665707.) filed by State of Maine. (Forster, Sarah) (Filed on 7/8/2020) (Entered: 07/08/2020)

July 8, 2020 PACER
7

NOTICE of Appearance by James F. Zahradka, II (Zahradka, James) (Filed on 7/8/2020) (Entered: 07/08/2020)

July 8, 2020 RECAP
8

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14666716.) filed by State of Michigan. (Attachments: # 1 Certificate of Good Standing)(Hammoud, Fadwa) (Filed on 7/8/2020) (Entered: 07/08/2020)

July 8, 2020 PACER
9

ORDER by Judge Sallie Kim granting 4 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 7/8/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/08/2020)

July 8, 2020 PACER
10

ORDER by Judge Sallie Kim granting 5 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 7/8/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/08/2020)

July 8, 2020 PACER
11

ORDER by Judge Sallie Kim denying without prejudice 6 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 7/8/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/08/2020)

July 8, 2020 PACER
12

ORDER by Judge Sallie Kim granting 8 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 7/8/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/08/2020)

July 8, 2020 PACER
13

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/28/2020. Initial Case Management Conference set for 10/5/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor. (hdjS, COURT STAFF) (Filed on 7/8/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/08/2020)

July 8, 2020 PACER
14

Summons Issued as to Betsy DeVos, United States Department of Education, U.S. Attorney and U.S. Attorney General (hdjS, COURT STAFF) (Filed on 7/8/2020) (Entered: 07/08/2020)

July 8, 2020 PACER
15

NOTICE of Appearance by Toni L. Harris (Harris, Toni) (Filed on 7/9/2020) (Entered: 07/09/2020)

July 9, 2020 PACER
16

NOTICE of Appearance by Neil Giovanatti (Giovanatti, Neil) (Filed on 7/9/2020) (Entered: 07/09/2020)

July 9, 2020 PACER
17

NOTICE of Appearance by Fadwa Alawieh Hammoud (Hammoud, Fadwa) (Filed on 7/9/2020) (Entered: 07/09/2020)

July 9, 2020 PACER
18

MOTION for leave to appear in Pro Hac Vice (Filing fee $ 310.) Filing fee previously paid on 7/8/2020 filed by State of Maine. (Attachments: # 1 Certificate of Good Standing)(Forster, Sarah) (Filed on 7/9/2020) (Entered: 07/09/2020)

July 9, 2020 PACER
19

ORDER by Judge Sallie Kim granting 18 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 7/9/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/09/2020)

July 9, 2020 PACER
20

NOTICE of Appearance by Rebekah A Fretz (Fretz, Rebekah) (Filed on 7/9/2020) (Entered: 07/09/2020)

July 9, 2020 PACER
21

NOTICE of Appearance by Sarah Forster (Forster, Sarah) (Filed on 7/10/2020) (Entered: 07/10/2020)

July 10, 2020 PACER
22

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14700983.) filed by State of New Mexico. (Giandomenico, Lisa) (Filed on 7/16/2020) (Entered: 07/16/2020)

July 16, 2020 PACER
23

ORDER by Judge Sallie Kim granting 22 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 7/16/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/16/2020)

July 16, 2020 PACER
24

AMENDED COMPLAINT for Declaratory and Injunctive Relief against Betsy DeVos, United States Department of Education. Filed byState of Wisconsin, District of Columbia, State of California, State of Maine, State of Michigan, State of New Mexico, State of Hawaii, The Board of Education for the City School District of the City of New York, Board of Education for the City of Chicago, State of Maryland, San Francisco Unified School District, Cleveland Municipal School District Board of Education, Commonwealth of Pennsylvania. (Lindsey, Garrett) (Filed on 7/17/2020) (Entered: 07/17/2020)

July 17, 2020 RECAP
25

ADMINISTRATIVE MOTION Exceed Applicable Page Limits and Expedite Briefing Schedule for Plaintiffs Motion for Preliminary Injunction filed by Board of Education for the City of Chicago, Cleveland Municipal School District Board of Education, Commonwealth of Pennsylvania, District of Columbia, San Francisco Unified School District, State of California, State of Hawaii, State of Maine, State of Maryland, State of Michigan, State of New Mexico, State of Wisconsin, The Board of Education for the City School District of the City of New York. Responses due by 7/21/2020. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Motion for Preliminary Injunction, # 4 Proposed Order, # 5 Appendix, # 6 Request for Judicial Notice)(Lindsey, Garrett) (Filed on 7/17/2020) (Entered: 07/17/2020)

1 Proposed Order

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2 Declaration

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3 Motion for Preliminary Injunction

View on RECAP

4 Proposed Order

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5 Appendix

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6 Request for Judicial Notice

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July 17, 2020 RECAP
26

MOTION for leave to appear in Pro Hac Vice of W. Michael Hanna ( Filing fee $ 310, receipt number 0971-14709898.) filed by Cleveland Municipal School District Board of Education. (Attachments: # 1 Certificate of Good Standing)(Colwell, Gabriel) (Filed on 7/20/2020) (Entered: 07/20/2020)

July 20, 2020 PACER
27

MOTION for leave to appear in Pro Hac Vice Colin r. Jennings ( Filing fee $ 310, receipt number 0971-14709983.) filed by Cleveland Municipal School District Board of Education. (Attachments: # 1 Certificate of Good Standing)(Colwell, Gabriel) (Filed on 7/20/2020) (Entered: 07/20/2020)

July 20, 2020 PACER
28

MOTION for leave to appear in Pro Hac Vice Emily r. Spivack ( Filing fee $ 310, receipt number 0971-14710008.) filed by Cleveland Municipal School District Board of Education. (Attachments: # 1 Certificate of Good Standing)(Colwell, Gabriel) (Filed on 7/20/2020) (Entered: 07/20/2020)

July 20, 2020 PACER
29

MOTION for leave to appear in Pro Hac Vice Kevin J. Burtzlaff ( Filing fee $ 310, receipt number 0971-14710032.) filed by Cleveland Municipal School District Board of Education. (Attachments: # 1 Certificate of Good Standing)(Colwell, Gabriel) (Filed on 7/20/2020) (Entered: 07/20/2020)

July 20, 2020 PACER
30

ORDER by Judge Sallie Kim granting 25 Administrative Motion Regarding Briefing Schedule and Page Limits. (sklc1S, COURT STAFF) (Filed on 7/20/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/20/2020)

July 20, 2020 RECAP
31

ORDER by Judge Sallie Kim granting 26 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 7/20/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/20/2020)

July 20, 2020 PACER
32

ORDER by Judge Sallie Kim granting 27 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 7/20/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/20/2020)

July 20, 2020 PACER
33

ORDER by Judge Sallie Kim granting 28 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 7/20/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/20/2020)

July 20, 2020 PACER
34

ORDER by Judge Sallie Kim granting 29 Motion for Pro Hac Vice. (sklc1S, COURT STAFF) (Filed on 7/20/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/20/2020)

July 20, 2020 PACER
35

MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof filed by Board of Education for the City of Chicago, Cleveland Municipal School District Board of Education, Commonwealth of Pennsylvania, District of Columbia, San Francisco Unified School District, State of California, State of Hawaii, State of Maine, State of Maryland, State of Michigan, State of New Mexico, State of Wisconsin, The Board of Education for the City School District of the City of New York. Motion Hearing set for 8/24/2020 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 7/29/2020. Replies due by 8/3/2020. (Attachments: # 1 Proposed Order, # 2 Appendix, # 3 Request for Judicial Notice)(Lindsey, Garrett) (Filed on 7/20/2020) (Entered: 07/20/2020)

1 Proposed Order

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2 Appendix

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3 Request for Judicial Notice

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July 20, 2020 RECAP
36

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge (see docket no. [25-1]), or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 7/21/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 7/21/2020 (mklS, COURT STAFF). (Entered: 07/21/2020)

July 21, 2020 PACER
37

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14716168.) filed by State of Wisconsin. (Attachments: # 1 Supplement)(Jurss, Hannah) (Filed on 7/21/2020) (Entered: 07/21/2020)

July 21, 2020 PACER

Clerk's Notice of Impending Reassignment - Text Only

July 21, 2020 PACER
38

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 7/22/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/22/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/22/2020)

1 Notice of Eligibility for Video Recording

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July 22, 2020 RECAP
39

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14726015.) filed by Board of Education for the City of Chicago. (Attachments: # 1 Exhibit)(Mincy, James) (Filed on 7/23/2020) (Entered: 07/23/2020)

July 23, 2020 PACER
40

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14726237.) filed by Board of Education for the City of Chicago. (Attachments: # 1 Exhibit)(Moriarty, Joseph) (Filed on 7/23/2020) (Entered: 07/23/2020)

1 Exhibit

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July 23, 2020 PACER
41

NOTICE of Appearance by Donald J Mizerk on behalf of Proposed Amicus Curiae Party, The Council of the Great City Schools (Mizerk, Donald) (Filed on 7/24/2020) (Entered: 07/24/2020)

July 24, 2020 RECAP
42

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14731909.) filed by The Council of the Great City Schools. (Borkowski, John) (Filed on 7/24/2020) (Entered: 07/24/2020)

July 24, 2020 PACER
43

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14731934.) filed by The Council of the Great City Schools. (Shulman, Shmuel) (Filed on 7/24/2020) (Entered: 07/24/2020)

July 24, 2020 PACER
44

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14731999.) filed by The Council of the Great City Schools. (Rushing, Aleksandra) (Filed on 7/24/2020) (Entered: 07/24/2020)

July 24, 2020 PACER
45

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14732036.) filed by The Council of the Great City Schools. (Duggins-Clay, Paige) (Filed on 7/24/2020) (Entered: 07/24/2020)

July 24, 2020 PACER
46

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14732073.) filed by The Council of the Great City Schools. (Deweese, Mary) (Filed on 7/24/2020) (Entered: 07/24/2020)

July 24, 2020 PACER
47

MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction and in Excess of Applicable Page Limitations filed by The Council of the Great City Schools. (Attachments: # 1 Amicus Curiae brief, # 2 Proposed Order)(Mizerk, Donald) (Filed on 7/24/2020) (Entered: 07/24/2020)

1 Amicus Curiae brief

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2 Proposed Order

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July 24, 2020 RECAP
48

ORDER by Judge James Donato granting 39 Motion for Pro Hac Vice as to James Ernest Mincy III. (lrcS, COURT STAFF) (Filed on 7/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/27/2020)

July 27, 2020 PACER
49

ORDER by Judge James Donato granting 40 Motion for Pro Hac Vice as to Joseph Moriarty. (lrcS, COURT STAFF) (Filed on 7/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/27/2020)

July 27, 2020 PACER
50

CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 10/8/2020 10:00 AM. Case Management Statement due by 10/1/2020. Signed by Judge James Donato on 7/27/2020. (lrcS, COURT STAFF) (Filed on 7/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/27/2020)

July 27, 2020 RECAP
51

ORDER by Judge James Donato granting 37 Motion for Pro Hac Vice as to Hannah S. Jurss. (lrcS, COURT STAFF) (Filed on 7/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/27/2020)

July 27, 2020 PACER
52

ORDER by Judge James Donato granting 42 Motion for Pro Hac Vice as to John W. Borkowski. (lrcS, COURT STAFF) (Filed on 7/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/27/2020)

July 27, 2020 PACER
53

ORDER by Judge James Donato granting 43 Motion for Pro Hac Vice as to Shmuel B. Shulman. (lrcS, COURT STAFF) (Filed on 7/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/27/2020)

July 27, 2020 PACER
54

ORDER by Judge James Donato granting 44 Motion for Pro Hac Vice as to Aleksandra O. Rushing. (lrcS, COURT STAFF) (Filed on 7/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/27/2020)

July 27, 2020 PACER
55

ORDER by Judge James Donato granting 45 Motion for Pro Hac Vice as to Paige Duggins-Clay. (lrcS, COURT STAFF) (Filed on 7/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/27/2020)

July 27, 2020 PACER
56

ORDER by Judge James Donato granting 46 Motion for Pro Hac Vice as to Mary E. Deweese. (lrcS, COURT STAFF) (Filed on 7/27/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/27/2020)

July 27, 2020 PACER
57

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14744101.) filed by State of Maryland. (Attachments: # 1 Exhibit Certificate of Good Standing)(Sullivan, Steven) (Filed on 7/28/2020) (Entered: 07/28/2020)

July 28, 2020 PACER
58

ORDER by Judge James Donato granting 57 Motion for Pro Hac Vice as to Steven M. Sullivan. (lrcS, COURT STAFF) (Filed on 7/29/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/29/2020)

July 29, 2020 PACER
59

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14748747.) filed by 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, Wisconsin Council of Religious & Independent Schools, Wisconsin Catholic Conference, School Choice Wisconsin Action, California Catholic Conference, Michigan Catholic Conference, Michigan Association of Non-Public Schools, Pennsylvania Catholic Conference, Pennsylvania Affiliate of the Council for American Private Education, American Federation for Children, Foundation for Excellence in Education, Inc., EdChoice, Catholic Education Partners, Liberty Justice Center, Mackinac Center for Public Policy, Great Lakes Education Foundation, Rio Grande Foundation, Buckeye Institute, Commonwealth Foundation, School Choice Wisconsin, Colorado Catholic Conference, Colorado Association of Private Schools, Indiana Non-Public Education Association, Midsouth Association of Independent Schools, Catholic Conference of Oklahoma, Texas Private Schools Association, Goldwater Institute, James Madison Institute, Mississippi Center for Public Policy, Nevada Policy Research Institute, Roughrider Policy Center, Rhode Island Center for Freedom & Prosperity. (Berg, Luke) (Filed on 7/29/2020) (Entered: 07/29/2020)

July 29, 2020 PACER
60

ADMINISTRATIVE MOTION Leave to File Amicus Brief filed by Agudath Israel of America, American Federation for Children, Association of Christian Schools International, Association of Christian Teachers and Schools, Buckeye Institute, California Catholic Conference, Catholic Conference of Oklahoma, Catholic Education Partners, Colorado Association of Private Schools, Colorado Catholic Conference, Commonwealth Foundation, Council for American Private Education, Council of Islamic Schools in North America, EdChoice, Foundation for Excellence in Education, Inc., Goldwater Institute, Great Lakes Education Foundation, Indiana Non-Public Education Association, James Madison Institute, Liberty Justice Center, Mackinac Center for Public Policy, Michigan Association of Non-Public Schools, Michigan Catholic Conference, Midsouth Association of Independent Schools, Mississippi Center for Public Policy, National Catholic Educational Association, Nevada Policy Research Institute, Pennsylvania Affiliate of the Council for American Private Education, Pennsylvania Catholic Conference, Rhode Island Center for Freedom & Prosperity, Rio Grande Foundation, Roughrider Policy Center, School Choice Wisconsin, School Choice Wisconsin Action, Texas Private Schools Association, WELS Commission on Lutheran Schools, Wisconsin Catholic Conference, Wisconsin Council of Religious & Independent Schools. Responses due by 8/3/2020. (Attachments: # 1 Amicus Brief, # 2 Proposed Order Proposed Order)(Berg, Luke) (Filed on 7/29/2020) (Entered: 07/29/2020)

1

View on RECAP

July 29, 2020 PACER
61

MOTION for Preliminary Injunction Plaintiffs' Renotice of Motion for Preliminary Injunction filed by Board of Education for the City of Chicago, Cleveland Municipal School District Board of Education, Commonwealth of Pennsylvania, District of Columbia, San Francisco Unified School District, State of California, State of Hawaii, State of Maine, State of Maryland, State of Michigan, State of New Mexico, State of Wisconsin, The Board of Education for the City School District of the City of New York. Motion Hearing set for 9/3/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 7/29/2020. Replies due by 8/3/2020. (Lindsey, Garrett) (Filed on 7/29/2020) (Entered: 07/29/2020)

July 29, 2020 RECAP
62

STIPULATION WITH PROPOSED ORDER Stipulation to Set Briefing Schedule and Set Hearing for Plaintiffs' Motion for Preliminary Injunction filed by Board of Education for the City of Chicago, Cleveland Municipal School District Board of Education, Commonwealth of Pennsylvania, District of Columbia, San Francisco Unified School District, State of California, State of Hawaii, State of Maine, State of Maryland, State of Michigan, State of New Mexico, State of Wisconsin, The Board of Education for the City School District of the City of New York. (Attachments: # 1 Proposed Order to Set Briefing Schedule and Hearing, # 2 Declaration of Lindsey in Support of Stipulation to Set Briefing Schedule and Hearing)(Lindsey, Garrett) (Filed on 7/29/2020) (Entered: 07/29/2020)

1 Proposed Order to Set Briefing Schedule and Hearing

View on PACER

2 Declaration of Lindsey in Support of Stipulation to Set Briefing Schedule and H

View on RECAP

July 29, 2020 RECAP
63

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14751742.) filed by State of Hawaii. (Attachments: # 1 Exhibit)(Richardson, Kevin) (Filed on 7/29/2020) (Entered: 07/29/2020)

July 29, 2020 PACER
64

ORDER by Judge James Donato denying 59 Motion for Pro Hac Vice. (lrcS, COURT STAFF) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020 RECAP
65

ORDER by Judge James Donato granting 63 Motion for Pro Hac Vice as to Kevin M. Richardson. (lrcS, COURT STAFF) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020 PACER
66

NOTICE of Appearance by Mark W Bucher (Bucher, Mark) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020 PACER
67

Second MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14748747.) Filing fee previously paid on 7/29/20 filed by Agudath Israel of America, American Federation for Children, Association of Christian Schools International, Association of Christian Teachers and Schools, Buckeye Institute, California Catholic Conference, Catholic Conference of Oklahoma, Catholic Education Partners, Colorado Association of Private Schools, Colorado Catholic Conference, Commonwealth Foundation, Council for American Private Education, Council of Islamic Schools in North America, EdChoice, Foundation for Excellence in Education, Inc., Goldwater Institute, Great Lakes Education Foundation, Indiana Non-Public Education Association, James Madison Institute, Liberty Justice Center, Mackinac Center for Public Policy, Michigan Association of Non-Public Schools, Michigan Catholic Conference, Midsouth Association of Independent Schools, Mississippi Center for Public Policy, National Catholic Educational Association, Nevada Policy Research Institute, Pennsylvania Affiliate of the Council for American Private Education, Pennsylvania Catholic Conference, Rhode Island Center for Freedom & Prosperity, Rio Grande Foundation, Roughrider Policy Center, School Choice Wisconsin, School Choice Wisconsin Action, Texas Private Schools Association, WELS Commission on Lutheran Schools, Wisconsin Catholic Conference, Wisconsin Council of Religious & Independent Schools. (Berg, Luke) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020 PACER
68

OPPOSITION/RESPONSE (re 35 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof ) filed byBetsy DeVos, United States Department of Education. (Lane, William) (Filed on 7/30/2020) (Entered: 07/30/2020)

July 30, 2020 RECAP
69

ORDER by Judge James Donato granting 67 Motion for Pro Hac Vice as to Luke N. Berg. (lrcS, COURT STAFF) (Filed on 7/31/2020) (Entered: 07/31/2020)

July 31, 2020 PACER
70

ORDER. At the parties' 62 joint request, defendants' opposition to the motion for a preliminary injunction is due by July 30, 2020. Plaintiffs' reply is due by August 5, 2020. An online hearing is set for August 18, 2020, at 11:30 a.m. Instructions for accessing the hearing will be posted separately. Signed by Judge James Donato on 7/31/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 7/31/2020) (Entered: 07/31/2020)

July 31, 2020 PACER
71

CERTIFICATE OF SERVICE by Board of Education for the City of Chicago, Cleveland Municipal School District Board of Education, Commonwealth of Pennsylvania, District of Columbia, San Francisco Unified School District, State of California, State of Hawaii, State of Maine, State of Maryland, State of Michigan, State of New Mexico, State of Wisconsin, The Board of Education for the City School District of the City of New York Proofs of Service (Lindsey, Garrett) (Filed on 7/31/2020) (Entered: 07/31/2020)

July 31, 2020 PACER

~Util - Terminate Motions AND Set Motion and Deadlines/Hearings AND Order

July 31, 2020 PACER

Set Motion and Deadlines/Hearings AND ~Util - Terminate Motions AND Order

July 31, 2020 PACER

Set Motion and Deadlines/Hearings AND Order AND ~Util - Terminate Motions

July 31, 2020 PACER

~Util - Terminate Motions AND Order AND Set Motion and Deadlines/Hearings

July 31, 2020 PACER
72

NOTICE of Appearance by Steven Marshall Sullivan for the State of Maryland (Sullivan, Steven) (Filed on 8/3/2020) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
73

REPLY (re 35 MOTION for Preliminary Injunction ; Memorandum of Points and Authorities in Support Thereof ) filed byBoard of Education for the City of Chicago, Cleveland Municipal School District Board of Education, Commonwealth of Pennsylvania, District of Columbia, San Francisco Unified School District, State of California, State of Hawaii, State of Maine, State of Maryland, State of Michigan, State of New Mexico, State of Wisconsin, The Board of Education for the City School District of the City of New York. (Attachments: # 1 Supplemental Request for Judicial Notice)(Giovanatti, Neil) (Filed on 8/5/2020) (Entered: 08/05/2020)

1 Supplemental Request for Judicial Notice

View on PACER

Aug. 5, 2020 RECAP
74

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14793702.) filed by The Board of Education for the City School District of the City of New York. (Attachments: # 1 Exhibit Certificate of Good Standing)(Lu, Hope) (Filed on 8/10/2020) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
75

ORDER by Judge James Donato granting 74 Motion for Pro Hac Vice as to Hope Lu. (lrcS, COURT STAFF) (Filed on 8/11/2020) (Entered: 08/11/2020)

Aug. 11, 2020 PACER
76

ORDER. The preliminary injunction hearing set for August 18, 2020, at 11:30 a.m., will be held by Zoom Webinar. Each party should designate a lead counsel to speak at the hearing by emailing the name of their lead counsel to Judge Donato's Courtroom Deputy, Ms. Lisa Clark, at jdcrd@cand.uscourts.gov by August 17, 2020, at 12:00 p.m. California time. The names for lead counsel are needed so that Ms. Clark can identify them during the Zoom hearing when the case is called. All lead counsel must call in fifteen minutes before the hearing to test internet, video, and audio capabilities. All counsel, parties, members of the public, and press may join the webinar using the link or information below: https://cand-uscourts.zoomgov.com/j/1617171523?pwd=VWJqM2ZYT1UvNFZ0ZHNZUUhGWTBCZz09Webinar ID: 161 717 1523 Password: 213597 Or iPhone one-tap : US: +16692545252,,1617171523#,,1#,213597# or +16468287666,,1617171523#,,1#,213597# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including screen-shots or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Please see https://www.cand.uscourts.gov/zoom for information on preparing for and participating in a Zoom Webinar. Signed by Judge James Donato on 8/13/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 8/13/2020) (Entered: 08/13/2020)

Aug. 13, 2020 PACER

~Util - Teleconference Zoom AND Set Motion and Deadlines/Hearings AND Order AND 1 - Terminate Deadlines and Hearings

Aug. 13, 2020 PACER

Set Motion and Deadlines/Hearings AND 1 - Terminate Deadlines and Hearings AND ~Util - Teleconference Zoom AND Order

Aug. 13, 2020 PACER

Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND 1 - Terminate Deadlines and Hearings AND Order

Aug. 13, 2020 PACER

~Util - Teleconference Zoom AND Order AND Set Motion and Deadlines/Hearings AND 1 - Terminate Deadlines and Hearings

Aug. 13, 2020 PACER
77

Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 8/18/2020. (jdlc2S, COURT STAFF) (Date Filed: 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020 PACER
78

TRANSCRIPT ORDER for proceedings held on 08-18-2020 before Judge James Donato by State of Michigan, for Court Reporter Belle Ball. (Giovanatti, Neil) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020 PACER
79

ORDER. The parties are directed to jointly file by August 24, 2020, a notice of related proceedings in any other federal court. Civil L.R. 3-13. Signed by Judge James Donato on 8/19/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 8/19/2020) (Entered: 08/19/2020)

Aug. 19, 2020 PACER

Order

Aug. 19, 2020 PACER
80

NOTICE by Board of Education for the City of Chicago, Cleveland Municipal School District Board of Education, Commonwealth of Pennsylvania, District of Columbia, San Francisco Unified School District, State of California, State of Hawaii, State of Maine, State of Maryland, State of Michigan, State of New Mexico, State of Wisconsin, The Board of Education for the City School District of the City of New York Joint Notice of Pendency of Other Actions (Attachments: # 1 Exhibit A - WA Preliminary Injunction Order)(Giovanatti, Neil) (Filed on 8/24/2020) (Entered: 08/24/2020)

1 Exhibit A - WA Preliminary Injunction Order

View on PACER

Aug. 24, 2020 RECAP
81

Transcript of Proceedings held on August 18, 2020, before Judge James Donato. Court Reporter Belle Ball, CSR, CRR, RDR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 78 Transcript Order ) Release of Transcript Restriction set for 11/24/2020. (Related documents(s) 78 ) (ballbb15S, COURT STAFF) (Filed on 8/26/2020) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
82

ORDER RE PRELIMINARY INJUNCTION. Case Management Statement due by 9/10/2020. Initial Case Management Conference set for 9/17/2020 at 10:00 AM. Signed by Judge James Donato on 08/26/2020. (jdlc3S, COURT STAFF) (Filed on 8/26/2020) (Entered: 08/26/2020)

Aug. 26, 2020 RECAP
83

STIPULATION re 24 Amended Complaint,, STIPULATED REQUEST TO ENLARGE TIME TO ANSWER THE COMPLAINT filed by Betsy DeVos, United States Department of Education. (Lane, William) (Filed on 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020 RECAP
84

JOINT CASE MANAGEMENT STATEMENT filed by Board of Education for the City of Chicago, Cleveland Municipal School District Board of Education, Commonwealth of Pennsylvania, District of Columbia, San Francisco Unified School District, State of California, State of Hawaii, State of Maine, State of Maryland, State of Michigan, State of New Mexico, State of Wisconsin, The Board of Education for the City School District of the City of New York. (Lindsey, Garrett) (Filed on 9/10/2020) (Entered: 09/10/2020)

Sept. 10, 2020 RECAP
85

ORDER. At the parties' joint request, Dkt. No. 83, defendants' response to the amended complaint is due by September 22, 2020. Signed by Judge James Donato on 9/11/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 9/11/2020) (Entered: 09/11/2020)

Sept. 11, 2020 PACER

Order AND ~Util - Set Deadlines/Hearings

Sept. 11, 2020 PACER

ORDER. The hearing set for September 17, 2020, at 10:00 a.m., will be held by Zoom Webinar. Each party should designate a lead counsel to speak at the hearing by emailing the name of their lead counsel to Judge Donato's Courtroom Deputy, Ms. Lisa Clark, at jdcrd@cand.uscourts.gov by September 15, 2020, at 5:00 p.m. California time. The names for lead counsel are needed so that Ms. Clark can identify them during the Zoom hearing when the case is called. All lead counsel must call in fifteen minutes before the hearing to test internet, video, and audio capabilities. All counsel, parties, members of the public, and press may join the webinar using the link or information below: https://cand-uscourts.zoomgov.com/j/1617171523?pwd=VWJqM2ZYT1UvNFZ0ZHNZUUhGWTBCZz09Webinar ID: 161 717 1523 Password: 213597 Or iPhone one-tap : US: +16692545252,,1617171523#,,1#,213597# or +16468287666,,1617171523#,,1#,213597# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666PLEASE NOTE: Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). See General Order 58 at Paragraph III. Any recording of a court proceeding held by video or teleconference, including screen-shots or other visual copying of a hearing, is absolutely prohibited. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. Please see https://www.cand.uscourts.gov/zoom for information on preparing for and participating in a Zoom Webinar. Signed by Judge James Donato on 9/14/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 9/14/2020)

Sept. 14, 2020 PACER

~Util - Zoom Hearing

Sept. 14, 2020 PACER

1 - Terminate Deadlines and Hearings AND ~Util - Set Deadlines/Hearings AND ~Util - Teleconference Zoom

Sept. 14, 2020 PACER

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: July 7, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Eight states, the District of Columbia, and four municipal school districts

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of United States Department of Education, Federal

United States Department of Education, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Education

Public benefits (includes, e.g., in-state tuition, govt. jobs)