Case: NAACP v. DeVos

1:20-cv-01996 | U.S. District Court for the District of Columbia

Filed Date: July 22, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is an action filed on July 22, 2020 by advocacy groups, public school districts, and parents of children who attend public schools. Plaintiffs sought injunctive and declaratory relief against the U.S. Department of Education for creating an agency rule that conflicts with the text of the CARES Act. The court granted summary judgment for the plaintiffs on September 4, 2020 and vacated the new rule. This case is about the Coronavirus Aid, Relief, and Economic Security Act (…

COVID-19 Summary: This is an action filed on July 22, 2020 by advocacy groups, public school districts, and parents of children who attend public schools. Plaintiffs sought injunctive and declaratory relief against the U.S. Department of Education for creating an agency rule that conflicts with the text of the CARES Act. The court granted summary judgment for the plaintiffs on September 4, 2020 and vacated the new rule.


This case is about the Coronavirus Aid, Relief, and Economic Security Act (CARES ACT), which was passed by Congress in March 2020 to provide economic relief to citizens during the COVID-19 pandemic. Certain provisions in the CARES Act appropriated billions of dollars in funding for elementary and secondary schools. In April 2020, the Department of Education ("DOE") issued guidance about CARES Act funding for private schools, stating that funds should be used to serve all non-public school students and teachers without regard to family income, residency, or eligibility based on low achievement. In the DOE’s view, the CARES Act forbids differentiation between public and private schools. This position was made binding in July 2020 with an interim final rule.

The plaintiffs in this case--the National Association for the Advancement of Colored People, public school districts, and parents of children who attend public schools--filed suit against United States Department of Education in the U.S. District Court for the District of Columbia on July 22, 2020. The case was assigned to Judge Dabney L. Friedrich.

On August 11, 2020, the plaintiffs moved for a preliminary injunction or, in the alternative, summary judgment. Plaintiffs asserted that the DOE’s actions were in violation of the separation of powers, that the formal rule created by the DOE violated the Spending Clause of the U.S. Constitution, and that the DOE violated the Administrative Procedure Act (APA) as an agency action not in accordance with law or statutory authority.

That same day, the plaintiffs also filed an amended complaint. This complaint added two additional APA claims: an arbitrary and capricious challenge and a challenge to the DOE's invocation of the "good cause" exception to notice-and-comment rulemaking. Since these two claims did not present pure questions of law, they were not consolidated into the expedited motion for summary judgment.

The defendants opposed the motion for summary judgment on the grounds that the plaintiffs did not show that the DOE acted without legal authority.

Judge Friedrich granted the plaintiffs’ motion for summary judgment, vacating the DOE's interim final rule, on September 4, 2020. 2020 WL 5291406. Judge Friedrich determined that the CARES Act provided a particular formula for providing funds to private schools based on the number of children from low-income families. However, the CARES Act did not give the DOE discretion over any disbursements from any of the CARES Act’s provisions, so the DOE exceeded its authority in creating its formal rule about how funds are allocated. Because the APA fully resolved the plaintiffs’ motion for summary judgment, the Judge Friedrich did not to rule on any of the constitutional questions.

Summary Authors

Nicholas Gillan (10/7/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17370734/parties/national-association-for-the-advancement-of-colored-people-v-devos/


Judge(s)

Friedrich, Dabney Langhorne (District of Columbia)

Attorneys(s) for Plaintiff

Baril, Jessica Reich (California)

Bischoff, Christine (Alabama)

Boyd, Samuel T.S. (Florida)

Dunn, Katherine (Alabama)

El-Khouri, Adele M. (District of Columbia)

Godley, Tamerlin J (California)

Jackson, Bacardi (Florida)

Kravis, Jonathan Ian (District of Columbia)

Lecker, Wendy (New Jersey)

Judge(s)

Friedrich, Dabney Langhorne (District of Columbia)

Attorneys(s) for Plaintiff

Baril, Jessica Reich (California)

Bischoff, Christine (Alabama)

Boyd, Samuel T.S. (Florida)

Dunn, Katherine (Alabama)

El-Khouri, Adele M. (District of Columbia)

Godley, Tamerlin J (California)

Jackson, Bacardi (Florida)

Kravis, Jonathan Ian (District of Columbia)

Lecker, Wendy (New Jersey)

Levin, Jessica Alexandra (New Jersey)

Rubinstein, Lindsey (Mississippi)

Tafelski, Michael Joseph (Alabama)

Thoreson, David Patrick (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)

Other Attorney(s)

Berg, Luke N. (Wisconsin)

Bogin, Matthew B. (Maryland)

Burritt, Jeffrey William (District of Columbia)

Duggins-Clay, Paige (Texas)

Fastiff, Eric B (California)

Goldstein, Jonathan S (Pennsylvania)

Henry, Britain (Pennsylvania)

Neeley, Steven A (District of Columbia)

Snowden, Benjamin Lee (North Carolina)

Weckstein, Paul (District of Columbia)

Documents in the Clearinghouse

Document

1:20-cv-01996

Docket [PACER]

Sept. 4, 2020

Sept. 4, 2020

Docket
1

1:20-cv-01996

Complaint for Declaratory and Injunctive Relief

July 22, 2020

July 22, 2020

Complaint
35

1:20-cv-01996

First Amended Complaint

Aug. 11, 2020

Aug. 11, 2020

Complaint
46

1:20-cv-01996

Defendants' Opposition to Plaintiffs' Request for Partial Summary Judgment

Aug. 24, 2020

Aug. 24, 2020

Pleading / Motion / Brief
64

1:20-cv-01996

Reply in Support of Plaintiffs' Motion for Partial Summary Judgment

Aug. 28, 2020

Aug. 28, 2020

Pleading / Motion / Brief
78

1:20-cv-01996

Memorandum Opinion

485 F.Supp.3d 136, 2020 WL 5291406

Sept. 4, 2020

Sept. 4, 2020

Order/Opinion
77

1:20-cv-01996

Order

Sept. 4, 2020

Sept. 4, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17370734/national-association-for-the-advancement-of-colored-people-v-devos/

Last updated July 22, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-7370212) filed by DEBORAH JOHNSON, DENVER COUNTY SCHOOL DISTRICT NO. 1, KIMBERLY ROMMEL-ENRIGHT, LISA MINGRONE, PENELOPE LANTZ, PASADENA UNIFIED SCHOOL DISTRICT, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, WHITNEY BATTEAST, STAMFORD PUBLIC SCHOOLS, KEISHA GUYTON, JEANNETTE DIAZ, ADRIENNE GILBY, MARSHA LOPEZ, TRACY OCONNOR, BETH LEWIS, VILLI PREMPEH, BRITTANY ALDOUS, ABRAHAM CAMEJO, STEPHEN ENRIGHT, SUSAN BOOK, HERBERT BROWN, ELISE MCINTOSH, MICHELE WILSON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(El-Khouri, Adele) (Entered: 07/22/2020)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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July 22, 2020

July 22, 2020

RECAP

Case Assigned/Reassigned

July 22, 2020

July 22, 2020

PACER
2

NOTICE of Appearance by Adele El-Khouri on behalf of All Plaintiffs (El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
3

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jessica Reich Baril, Filing fee $ 100, receipt number ADCDC-7370478. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

1 Declaration

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2 Text of Proposed Order

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July 22, 2020

July 22, 2020

PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christine Bischoff, Filing fee $ 100, receipt number ADCDC-7370500. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Samuel Boyd, Filing fee $ 100, receipt number ADCDC-7370512. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine Dunn, Filing fee $ 100, receipt number ADCDC-7370522. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tamerlin J. Godley, Filing fee $ 100, receipt number ADCDC-7370541. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bacardi L. Jackson, Filing fee $ 100, receipt number ADCDC-7370559. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Wendy Lecker, Filing fee $ 100, receipt number ADCDC-7370575. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jessica Levin, Filing fee $ 100, receipt number ADCDC-7370583. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lindsey Rubinstein, Filing fee $ 100, receipt number ADCDC-7370604. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael J. Tafelski, Filing fee $ 100, receipt number ADCDC-7370615. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David P. Thoreson, Filing fee $ 100, receipt number ADCDC-7370623. Fee Status: Fee Paid. by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER

Case Assigned to Judge Dabney L. Friedrich. (adh, )

July 22, 2020

July 22, 2020

PACER
14

SUMMONS (4) Issued Electronically as to ELISABETH D. DEVOS, UNITED STATES DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER

MINUTE ORDER granting the plaintiffs' 3 Motion for Leave to Appear Pro Hac Vice of Attorney Jessica Reich Baril. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER

MINUTE ORDER granting the plaintiffs' 4 Motion for Leave to Appear Pro Hac Vice of Attorney Christine Bischoff.Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER

MINUTE ORDER granting the plaintiffs' 5 Motion for Leave to Appear Pro Hac Vice of Attorney Samuel Boyd.Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER

MINUTE ORDER granting the plaintiffs' 6 Motion for Leave to Appear Pro Hac Vice of Attorney Katherine Dunn. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER

MINUTE ORDER granting the plaintiffs' 7 Motion for Leave to Appear Pro Hac Vice of Attorney Tamerlin J. Godley. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER

MINUTE ORDER granting the plaintiffs' 8 Motion for Leave to Appear Pro Hac Vice of Attorney Bacardi L. Jackson. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER

MINUTE ORDER granting the plaintiffs' 9 Motion for Leave to Appear Pro Hac Vice of Attorney Wendy Lecker. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER

MINUTE ORDER granting the plaintiffs' 10 Motion for Leave to Appear Pro Hac Vice of Attorney Jessica Levin. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER

MINUTE ORDER granting the plaintiffs' 11 Motion for Leave to Appear Pro Hac Vice of Attorney Lindsey Rubinstein. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER

MINUTE ORDER granting the plaintiffs' 12 Motion for Leave to Appear Pro Hac Vice of Attorney Michael J. Tafelski. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 31, 2020

July 31, 2020

PACER

MINUTE ORDER granting the plaintiffs' 13 Motion for Leave to Appear Pro Hac Vice of Attorney David P. Thoreson. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3)

July 31, 2020

July 31, 2020

PACER
15

STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on July 31, 2020. (lcdlf3) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

RECAP
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan I. Kravis, Filing fee $ 100, receipt number ADCDC-7416511. Fee Status: Fee Paid. by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(El-Khouri, Adele) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 3, 2020

Aug. 3, 2020

PACER

MINUTE ORDER granting the plaintiffs' 16 Motion for Leave to Appear Pro Hac Vice of Attorney Jonathan I. Kravis. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on August 3, 2020. (lcdlf1)

Aug. 3, 2020

Aug. 3, 2020

PACER
17

NOTICE of Appearance by Jonathan Ian Kravis on behalf of NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (Kravis, Jonathan) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
18

NOTICE of Appearance by Wendy Lecker on behalf of All Plaintiffs (Lecker, Wendy) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
19

NOTICE of Appearance by Samuel T.S. Boyd on behalf of All Plaintiffs (Boyd, Samuel) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
20

NOTICE of Appearance by David Patrick Thoreson on behalf of All Plaintiffs (Thoreson, David) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
21

NOTICE of Appearance by Lindsey Rubinstein on behalf of All Plaintiffs (Rubinstein, Lindsey) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
22

ENTERED IN ERROR.....AFFIDAVIT of MAILING TO ELISABETH DEVOS by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE. (El-Khouri, Adele) Modified on 8/5/2020 (eg). (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
23

ENTERED IN ERROR.....AFFIDAVIT OF MAILING TO UNITED STATES DEPARTMENT OF EDUCATION by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE. (El-Khouri, Adele) Modified on 8/5/2020 (eg). (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
24

ENTERED IN ERROR.....AFFIDAVIT OF MAILING TO WILLIAM P. BARR by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE. (El-Khouri, Adele) Modified on 8/5/2020 (eg). (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
25

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/31/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/29/2020. (El-Khouri, Adele) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
26

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/03/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ELISABETH D. DEVOS served on 8/3/2020; UNITED STATES DEPARTMENT OF EDUCATION served on 8/3/2020 (Attachments: # 1 Affidavit, # 2 Affidavit)(eg) (Entered: 08/05/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER

Notice of Corrected Docket Entry

Aug. 5, 2020

Aug. 5, 2020

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 23 Affidavit, 24 Affidavit, 22 Affidavit was entered in error and was refiled by the Clerk's Office. (eg)

Aug. 5, 2020

Aug. 5, 2020

PACER
27

NOTICE of Appearance by Bacardi Jackson on behalf of All Plaintiffs (Jackson, Bacardi) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
28

NOTICE of Appearance by Jessica Levin on behalf of All Plaintiffs (Levin, Jessica) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
29

NOTICE of Appearance by Jessica Reich Baril on behalf of All Plaintiffs (Baril, Jessica) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
30

ENTERED IN ERROR.....NOTICE of Appearance by Michael Joseph Tafelski on behalf of All Plaintiffs (Tafelski, Michael) (Main Document 30 replaced on 8/11/2020) (znmw). Modified on 8/11/2020; refiled as Docket Entry 32 . (znmw). (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
31

ENTERED IN ERROR.....NOTICE of Appearance by Christine Bischoff on behalf of All Plaintiffs (Bischoff, Christine) Modified on 8/11/2020; refiled as Docket Entry 33 . (znmw). (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
32

NOTICE of Appearance by Michael Joseph Tafelski on behalf of All Plaintiffs (Tafelski, Michael) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
33

NOTICE of Appearance by Christine Bischoff on behalf of All Plaintiffs (Bischoff, Christine) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
34

NOTICE of Appearance by Katherine Dunn on behalf of All Plaintiffs (Dunn, Katherine) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
35

AMENDED COMPLAINT against ELISABETH D. DEVOS, UNITED STATES DEPARTMENT OF EDUCATION filed by DEBORAH JOHNSON, DENVER COUNTY SCHOOL DISTRICT NO. 1, KIMBERLY ROMMEL-ENRIGHT, LISA MINGRONE, PENELOPE LANTZ, PASADENA UNIFIED SCHOOL DISTRICT, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, WHITNEY BATTEAST, STAMFORD PUBLIC SCHOOLS, KEISHA GUYTON, JEANNETTE DIAZ, ADRIENNE GILBY, MARSHA LOPEZ, TRACY OCONNOR, BETH LEWIS, VILLI PREMPEH, BRITTANY ALDOUS, ABRAHAM CAMEJO, STEPHEN ENRIGHT, SUSAN BOOK, HERBERT BROWN, ELISE MCINTOSH, MICHELE WILSON.(El-Khouri, Adele) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

RECAP
36

MOTION for Preliminary Injunction by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON (Attachments: # 1 Memorandum in Support, # 2 Declaration Lecker, # 3 Declaration Broward County, # 4 Declaration Bullock County, # 5 Declaration Dekalb, # 6 Declaration Denver Public Schools, # 7 Declaration Metro Nashville, # 8 Declaration NAACP, # 9 Declaration Pasadena Unified, # 10 Declaration Stamford, # 11 Declaration Kravis, # 12 Text of Proposed Order)(El-Khouri, Adele) (Entered: 08/12/2020)

1 Memorandum in Support

View on RECAP

2 Declaration Lecker

View on RECAP

3 Declaration Broward County

View on RECAP

4 Declaration Bullock County

View on RECAP

5 Declaration Dekalb

View on RECAP

6 Declaration Denver Public Schools

View on RECAP

7 Declaration Metro Nashville

View on RECAP

8 Declaration NAACP

View on RECAP

9 Declaration Pasadena Unified

View on RECAP

10 Declaration Stamford

View on RECAP

11 Declaration Kravis

View on RECAP

12 Text of Proposed Order

View on RECAP

Aug. 11, 2020

Aug. 11, 2020

RECAP

MINUTE ORDER. Before the Court is the plaintiffs' 36 Motion for Preliminary Injunction. The parties are directed to confer and file, on or before August 13, 2020, a joint status report informing the Court whether the parties consent to consolidating consideration of the plaintiffs' motion with an expedited ruling on the merits. See Fed. R. Civ. P. 65(a)(2). The parties shall also submit a proposed schedule for expedited briefing and the submission of the administrative record. So Ordered by Judge Dabney L. Friedrich on August 12, 2020. (lcdlf3)

Aug. 12, 2020

Aug. 12, 2020

PACER

Order

Aug. 12, 2020

Aug. 12, 2020

PACER

Set/Reset Deadlines

Aug. 12, 2020

Aug. 12, 2020

PACER

Set/Reset Deadlines: Status Report due by 8/13/2020 (zjch)

Aug. 12, 2020

Aug. 12, 2020

PACER
37

NOTICE of Appearance by Tamerlin J. Godley on behalf of All Plaintiffs (Godley, Tamerlin) (Main Document 37 replaced on 8/12/2020) (zeg). (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
38

AFFIDAVIT re 36 MOTION for Preliminary Injunction Amended Declaration of Wendy Lecker by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, HERBERT BROWN, ABRAHAM CAMEJO, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON. (Thoreson, David) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER

.Order

Aug. 12, 2020

Aug. 12, 2020

PACER
39

Joint STATUS REPORT by BRITTANY ALDOUS, WHITNEY BATTEAST, SUSAN BOOK, BROWARD COUNTY PUBLIC SCHOOLS, HERBERT BROWN, ABRAHAM CAMEJO, DEKALB COUNTY SCHOOL DISTRICT, DENVER COUNTY SCHOOL DISTRICT NO. 1, JEANNETTE DIAZ, STEPHEN ENRIGHT, ADRIENNE GILBY, KEISHA GUYTON, DEBORAH JOHNSON, PENELOPE LANTZ, BETH LEWIS, MARSHA LOPEZ, ELISE MCINTOSH, LISA MINGRONE, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, TRACY OCONNOR, PASADENA UNIFIED SCHOOL DISTRICT, VILLI PREMPEH, KIMBERLY ROMMEL-ENRIGHT, STAMFORD PUBLIC SCHOOLS, MICHELE WILSON. (Godley, Tamerlin) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

RECAP

MINUTE ORDER directing the parties to file, on or before August 17, 2020, a joint status report proposing a briefing and hearing schedule as discussed during the August 14, 2020 telephonic status conference. So ordered by Judge Dabney L. Friedrich on August 14, 2020. (lcdlf3)

Aug. 14, 2020

Aug. 14, 2020

PACER

Order

Aug. 14, 2020

Aug. 14, 2020

PACER

Set/Reset Deadlines: Status Report due by 8/17/2020 (zjch)

Aug. 14, 2020

Aug. 14, 2020

PACER

Set/Reset Deadlines

Aug. 14, 2020

Aug. 14, 2020

PACER

Telephone Conference

Aug. 14, 2020

Aug. 14, 2020

PACER

Minute Entry for proceedings held before Judge Dabney L. Friedrich: Telephone Conference held on 8/14/2020. Scheduling discussed. Minute Order to follow Court Reporter Sara Wick (zjch)

Aug. 14, 2020

Aug. 14, 2020

PACER
40

ENTERED IN ERROR.....NOTICE of Appearance by William Kerwin Lane, III on behalf of All Defendants (Lane, William) Modified on 8/17/2020 (eg). (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
41

Joint STATUS REPORT by ELISABETH D. DEVOS, UNITED STATES DEPARTMENT OF EDUCATION. (Lane, William) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP

.Order

Aug. 14, 2020

Aug. 14, 2020

PACER

MINUTE ORDER. Upon consideration of the parties' 41 joint status report, the Court adopts the following briefing schedule: the defendant shall file, on or before August 24, 2020, an opposition to the plaintiff's motion: the plaintiffs shall file, on or before August 28, 2020, any reply. The court will hold a motions hearing on September 4, 2020 at 1:00pm. So ordered by Judge Dabney L. Friedrich on August 17, 2020. (lcdlf3)

Aug. 17, 2020

Aug. 17, 2020

PACER

Order

Aug. 17, 2020

Aug. 17, 2020

PACER

Set/Reset Deadlines/Hearings

Aug. 17, 2020

Aug. 17, 2020

PACER

Set/Reset Deadlines/Hearings: Responses due by 8/24/2020. Replies due by 8/28/2020. Motion Hearing set for 9/4/2020 at 1:00 PM in Telephonic/VTC before Judge Dabney L. Friedrich. (zjch)

Aug. 17, 2020

Aug. 17, 2020

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 40 Notice of Appearance was entered in error and counsel was instructed to refile said pleading with correct court/case information and case number. (eg)

Aug. 17, 2020

Aug. 17, 2020

PACER

Notice of Corrected Docket Entry

Aug. 17, 2020

Aug. 17, 2020

PACER
42

NOTICE of Appearance by William Kerwin Lane, III on behalf of All Defendants (Lane, William) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER

.Order

Aug. 17, 2020

Aug. 17, 2020

PACER
43

NOTICE of Appearance by Britain Henry on behalf of NATIONAL CATHOLIC EDUCATION ASSOCIATION, AGUDATH ISRAEL OF AMERICA, COUNSEL OF ISLAMIC SCHOOLS IN NORTH AMERICA, ASSOCIATION OF CHRISTIAN SCHOOLS INTERNATIONAL, AMERICAN ASSOCIATION OF CHRISTIAN SCHOOLS, ASSOCIATION OF CHRISTIAN TEACHERS AND SCHOOLS, WELS COMMISSION ON LUTHERAN SCHOOLS, THE AMERICAN FEDERATION FOR CHILDREN, EDCHOICE, Americans for Prosperity Foundation, CATHOLIC EDUCATION PARTNERS, SOUTHEASTERN LEGAL FOUNDATION, INC., COLORADO CATHOLIC CONFERENCE, COLORADO ASSOCIATION OF PRIVATE SCHOOLS, INDIANA NON-PUBLIC EDUCATION ASSOCIATION, MICHIGAN CATHOLIC CONFERENCE, MICHIGAN ASSOCIATION OF NON-PUBLIC SCHOOLS, MIDSOUTH ASSOCIATION OF INDEPENDENT SCHOOLS, CATHOLIC CONFERENCE OF OKLAHOMA, PENNSYLVANIA CATHOLIC CONFERENCE, PENNSYLVANIA AFFILIATE OF THE COUNCIL FOR AMERICAN PRIVATE EDUCATION, TEXAS PRIVATE SCHOOLS ASSOCIATION, WASHINGTON STATE CATHOLIC CONFERENCE, WASHINGTON FEDERATION OF INDEPENDENT SCHOOLS, WISCONSIN COUNSEL FOR RELIGIOUS & INDEPENDENT SCHOOLS, WISCONSIN CATHOLIC CONFERENCE, SCHOOL CHOICE WISCONSIN ACTION, GOLDWATER INSTITUTE, CALIFORNIA POLICY CENTER, LIBERTY JUSTICE CENTER, KIRKWOOD INSTITUTE, PELICAN INSTITUTE FOR PUBLIC POLICY, MACKINAC CENTER FOR PUBLIC POLICY, GREAT LAKES EDUCATION FOUNDATION, MISSISSIPPI CENTER FOR PUBLIC POLICY, NEVADA POLICY RESEARCH INSTITUTE, RIO GRANDE FOUNDATION, ROUGHRIDER POLICY CENTER, BUCKEYE INSTITUTE, COMMONWEALTH FOUNDATION FOR PUBLIC POLICY ALTERNATIVES, SCHOOL CHOICE WISCONSIN, COUNSEL FOR AMERICAN PRIVATE EDUCATION, WASHINGTON POLICY CENTER (Henry, Britain) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
44

Unopposed MOTION for Leave to File Amicus Brief by AGUDATH ISRAEL OF AMERICA, AMERICAN ASSOCIATION OF CHRISTIAN SCHOOLS, ASSOCIATION OF CHRISTIAN SCHOOLS INTERNATIONAL, ASSOCIATION OF CHRISTIAN TEACHERS AND SCHOOLS, Americans for Prosperity Foundation, BUCKEYE INSTITUTE, CALIFORNIA POLICY CENTER, CATHOLIC CONFERENCE OF OKLAHOMA, CATHOLIC EDUCATION PARTNERS, COLORADO ASSOCIATION OF PRIVATE SCHOOLS, COLORADO CATHOLIC CONFERENCE, COMMONWEALTH FOUNDATION FOR PUBLIC POLICY ALTERNATIVES, COUNSEL FOR AMERICAN PRIVATE EDUCATION, COUNSEL OF ISLAMIC SCHOOLS IN NORTH AMERICA, EDCHOICE, GOLDWATER INSTITUTE, GREAT LAKES EDUCATION FOUNDATION, INDIANA NON-PUBLIC EDUCATION ASSOCIATION, KIRKWOOD 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 EDUCATION ASSOCIATION, NEVADA POLICY RESEARCH INSTITUTE, PELICAN INSTITUTE FOR PUBLIC POLICY, PENNSYLVANIA AFFILIATE OF THE COUNCIL FOR AMERICAN PRIVATE EDUCATION, PENNSYLVANIA CATHOLIC CONFERENCE, RIO GRANDE FOUNDATION, ROUGHRIDER POLICY CENTER, SCHOOL CHOICE WISCONSIN, SCHOOL CHOICE WISCONSIN ACTION, TEXAS PRIVATE SCHOOLS ASSOCIATION, THE AMERICAN FEDERATION FOR CHILDREN, WASHINGTON FEDERATION OF INDEPENDENT SCHOOLS, WASHINGTON POLICY CENTER, WASHINGTON STATE CATHOLIC CONFERENCE, WELS COMMISSION ON LUTHERAN SCHOOLS, WISCONSIN CATHOLIC CONFERENCE, WISCONSIN COUNSEL FOR RELIGIOUS & INDEPENDENT SCHOOLS (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Proposed Amicus Brief)(Henry, Britain) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
45

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Luke N. Berg, Filing fee $ 100, receipt number ADCDC-7502093. Fee Status: Fee Paid. by AGUDATH ISRAEL OF AMERICA, AMERICAN ASSOCIATION OF CHRISTIAN SCHOOLS, ASSOCIATION OF CHRISTIAN SCHOOLS INTERNATIONAL, ASSOCIATION OF CHRISTIAN TEACHERS AND SCHOOLS, Americans for Prosperity Foundation, BUCKEYE INSTITUTE, CALIFORNIA POLICY CENTER, CATHOLIC CONFERENCE OF OKLAHOMA, CATHOLIC EDUCATION PARTNERS, COLORADO ASSOCIATION OF PRIVATE SCHOOLS, COLORADO CATHOLIC CONFERENCE, COMMONWEALTH FOUNDATION FOR PUBLIC POLICY ALTERNATIVES, COUNSEL FOR AMERICAN PRIVATE EDUCATION, COUNSEL OF ISLAMIC SCHOOLS IN NORTH AMERICA, EDCHOICE, GOLDWATER INSTITUTE, GREAT LAKES EDUCATION FOUNDATION, INDIANA NON-PUBLIC EDUCATION ASSOCIATION, KIRKWOOD 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 EDUCATION ASSOCIATION, NEVADA POLICY RESEARCH INSTITUTE, PELICAN INSTITUTE FOR PUBLIC POLICY, PENNSYLVANIA AFFILIATE OF THE COUNCIL FOR AMERICAN PRIVATE EDUCATION, PENNSYLVANIA CATHOLIC CONFERENCE, RIO GRANDE FOUNDATION, ROUGHRIDER POLICY CENTER, SCHOOL CHOICE WISCONSIN, SCHOOL CHOICE WISCONSIN ACTION, SOUTHEASTERN LEGAL FOUNDATION, INC., TEXAS PRIVATE SCHOOLS ASSOCIATION, THE AMERICAN FEDERATION FOR CHILDREN, WASHINGTON FEDERATION OF INDEPENDENT SCHOOLS, WASHINGTON POLICY CENTER, WASHINGTON STATE CATHOLIC CONFERENCE, WELS COMMISSION ON LUTHERAN SCHOOLS, WISCONSIN CATHOLIC CONFERENCE, WISCONSIN COUNSEL FOR RELIGIOUS & INDEPENDENT SCHOOLS (Attachments: # 1 Declaration of Luke N. Berg, # 2 Text of Proposed Order Proposed Order)(Henry, Britain) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
46

Memorandum in opposition to re 36 MOTION for Preliminary Injunction filed by ELISABETH D. DEVOS, UNITED STATES DEPARTMENT OF EDUCATION. (Lane, William) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

RECAP

Order on Motion for Leave to File

Aug. 25, 2020

Aug. 25, 2020

PACER

Upon consideration of Amici Private School Associations' and Advocacy Groups' 44 Unopposed Motion for Leave to File an Amicus Brief, it is hereby ORDERED that the motion is GRANTED. So Ordered by Judge Dabney L. Friedrich on August 25, 2020. (lcdlf3)

Aug. 25, 2020

Aug. 25, 2020

PACER

MINUTE ORDER. Upon consideration of Amici Private School Associations' and Advocacy Groups' 44 Unopposed Motion for Leave to File an Amicus Brief, it is hereby ORDERED that the motion is GRANTED. So Ordered by Judge Dabney L. Friedrich on August 25, 2020. (lcdlf3) Modified to add event title on 8/26/2020 (znmw).

Aug. 25, 2020

Aug. 25, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 25, 2020

Aug. 25, 2020

PACER

MINUTE ORDER granting Amici Private School Associations' and Advocacy Groups' 45 Motion for Leave to Appear Pro Hac Vice of Attorney Luke N. Berg. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on August 25, 2020. (lcdlf3)

Aug. 25, 2020

Aug. 25, 2020

PACER
50

AMICUS BRIEF by AGUDATH ISRAEL OF AMERICA, AMERICAN ASSOCIATION OF CHRISTIAN SCHOOLS, ASSOCIATION OF CHRISTIAN SCHOOLS INTERNATIONAL, ASSOCIATION OF CHRISTIAN TEACHERS AND SCHOOLS, Americans for Prosperity Foundation, BUCKEYE INSTITUTE, CALIFORNIA POLICY CENTER, CATHOLIC CONFERENCE OF OKLAHOMA, CATHOLIC EDUCATION PARTNERS, COLORADO ASSOCIATION OF PRIVATE SCHOOLS, COLORADO CATHOLIC CONFERENCE, COMMONWEALTH FOUNDATION FOR PUBLIC POLICY ALTERNATIVES, COUNSEL FOR AMERICAN PRIVATE EDUCATION, COUNSEL OF ISLAMIC SCHOOLS IN NORTH AMERICA, EDCHOICE, GOLDWATER INSTITUTE, GREAT LAKES EDUCATION FOUNDATION, INDIANA NON-PUBLIC EDUCATION ASSOCIATION, KIRKWOOD 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 EDUCATION ASSOCIATION, NEVADA POLICY RESEARCH INSTITUTE, PELICAN INSTITUTE FOR PUBLIC POLICY, PENNSYLVANIA AFFILIATE OF THE COUNCIL FOR AMERICAN PRIVATE EDUCATION, PENNSYLVANIA CATHOLIC CONFERENCE, RIO GRANDE FOUNDATION, ROUGHRIDER POLICY CENTER, SCHOOL CHOICE WISCONSIN, SCHOOL CHOICE WISCONSIN ACTION, TEXAS PRIVATE SCHOOLS ASSOCIATION, THE AMERICAN FEDERATION FOR CHILDREN, WASHINGTON FEDERATION OF INDEPENDENT SCHOOLS, WASHINGTON POLICY CENTER, WASHINGTON STATE CATHOLIC CONFERENCE, WELS COMMISSION ON LUTHERAN SCHOOLS, WISCONSIN CATHOLIC CONFERENCE, WISCONSIN COUNSEL FOR RELIGIOUS & INDEPENDENT SCHOOLS. (zrdj) (Entered: 08/28/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
47

NOTICE of Appearance by Luke Berg on behalf of AGUDATH ISRAEL OF AMERICA, AMERICAN ASSOCIATION OF CHRISTIAN SCHOOLS, ASSOCIATION OF CHRISTIAN SCHOOLS INTERNATIONAL, ASSOCIATION OF CHRISTIAN TEACHERS AND SCHOOLS, Americans for Prosperity Foundation, BUCKEYE INSTITUTE, CALIFORNIA POLICY CENTER, CATHOLIC CONFERENCE OF OKLAHOMA, CATHOLIC EDUCATION PARTNERS, COLORADO ASSOCIATION OF PRIVATE SCHOOLS, COLORADO CATHOLIC CONFERENCE, COMMONWEALTH FOUNDATION FOR PUBLIC POLICY ALTERNATIVES, COUNSEL FOR AMERICAN PRIVATE EDUCATION, COUNSEL OF ISLAMIC SCHOOLS IN NORTH AMERICA, EDCHOICE, GOLDWATER INSTITUTE, GREAT LAKES EDUCATION FOUNDATION, INDIANA NON-PUBLIC EDUCATION ASSOCIATION, KIRKWOOD 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 EDUCATION ASSOCIATION, NEVADA POLICY RESEARCH INSTITUTE, PELICAN INSTITUTE FOR PUBLIC POLICY, PENNSYLVANIA AFFILIATE OF THE COUNCIL FOR AMERICAN PRIVATE EDUCATION, PENNSYLVANIA CATHOLIC CONFERENCE, RIO GRANDE FOUNDATION, ROUGHRIDER POLICY CENTER, SCHOOL CHOICE WISCONSIN, SCHOOL CHOICE WISCONSIN ACTION, SOUTHEASTERN LEGAL FOUNDATION, INC., TEXAS PRIVATE SCHOOLS ASSOCIATION, THE AMERICAN FEDERATION FOR CHILDREN, WASHINGTON FEDERATION OF INDEPENDENT SCHOOLS, WASHINGTON POLICY CENTER, WASHINGTON STATE CATHOLIC CONFERENCE, WELS COMMISSION ON LUTHERAN SCHOOLS, WISCONSIN CATHOLIC CONFERENCE, WISCONSIN COUNSEL FOR RELIGIOUS & INDEPENDENT SCHOOLS (Berg, Luke) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
48

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paul Weckstein, Filing fee $ 100, receipt number ADCDC-7517514. Fee Status: Fee Paid. by National Center for Law and Education (Attachments: # 1 Declaration Declaration of Paul Weckstein)(Bogin, Matthew) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
49

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathleen Boundy, Filing fee $ 100, receipt number ADCDC-7517569. Fee Status: Fee Paid. by CENTER FOR LAW AND EDUCATION (Attachments: # 1 Declaration Declaration of K Boundy, # 2 Text of Proposed Order)(Bogin, Matthew) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER

MINUTE ORDER granting amici's 48 Motion for Leave to Appear Pro Hac Vice for Attorney Paul Weckstein. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on August 28, 2020. (lcdlf3)

Aug. 28, 2020

Aug. 28, 2020

PACER

MINUTE ORDER granting amici's 49 Motion for Leave to Appear Pro Hac Vice for Attorney Kathleen Boundy. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on August 28, 2020. (lcdlf3)

Aug. 28, 2020

Aug. 28, 2020

PACER
51

MOTION for Leave to File Brief as Amici Curiae by NATIONAL EDUCATION ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Burritt, Jeffrey) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER

MINUTE ORDER. Upon consideration of Amici National Education Association et al.'s 51 Unopposed Motion for Leave to File Brief as Amici Curiae, it is hereby ORDERED that the motion is GRANTED. So Ordered by Judge Dabney L. Friedrich on August 28, 2020. (lcdlf3)

Aug. 28, 2020

Aug. 28, 2020

PACER
52

NOTICE of Appearance by Jeffrey William Burritt on behalf of NATIONAL EDUCATION ASSOCIATION, AASA, The School Superintendents' Association, AMERICAN FEDERATION OF TEACHERS, AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, in the public interest, NATIONAL SCHOOL BOARDS ASSOCIATION, network for public education, Professors of Education (Burritt, Jeffrey) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 28, 2020

Aug. 28, 2020

PACER
53

NOTICE of Appearance by Paul Weckstein on behalf of CENTER FOR LAW AND EDUCATION (Weckstein, Paul) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
54

AMICUS BRIEF by AASA, The School Superintendents' Association, AMERICAN FEDERATION OF TEACHERS, AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, NATIONAL EDUCATION ASSOCIATION, NATIONAL SCHOOL BOARDS ASSOCIATION, Professors of Education, in the public interest, network for public education. (Burritt, Jeffrey) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Education

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: July 22, 2020

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

The National Association for the Advancement of Colored People, several parents of children who attend public schools, the Stamford Public School District, the Denver County School District No. 1, and the Pasadena Unified School District

Plaintiff Type(s):

City/County Plaintiff

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of the United States Department of Education (District of Columbia, District of Columbia), Federal

Case Details

Causes of Action:

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

Ex parte Young (federal or state officials)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Funding