Case: Washington v. DeVos

2:20-cv-00182 | U.S. District Court for the Eastern District of Washington

Filed Date: May 19, 2020

Closed Date: June 22, 2021

Clearinghouse coding complete

Case Summary

This case was about the allocation of education funding for higher education institutions during the first year of the COVID-19 pandemic. This case is very similar to another case of the same name filed in the U.S. District Court for the Western District of Washington. That case, which addressed COVID-19 education funding for K-12 schools, can be found here: PB-WA-0009.Washington State filed suit in the U.S. District Court for the Eastern District of Washington (Spokane) on May 19, 2020. Defend…

This case was about the allocation of education funding for higher education institutions during the first year of the COVID-19 pandemic. This case is very similar to another case of the same name filed in the U.S. District Court for the Western District of Washington. That case, which addressed COVID-19 education funding for K-12 schools, can be found here: PB-WA-0009.

Washington State filed suit in the U.S. District Court for the Eastern District of Washington (Spokane) on May 19, 2020. Defendants were the U.S. Department of Education (DoED) and its secretary, Betsy Devos. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Pub.L. 116–136, directed the DoED to distribute $100 million to Washington's higher education institutions. This money was to be used for emergency grants for students during the ongoing COVID-19 pandemic. The DoED, without explicit authorization from the CARES Act, set eligibility requirements citing Title IV of the Higher Education Act, 20 U.S.C. ch. 28 § 1001 et seq. These requirements included restricting students in Deferred Action for Childhood Arrivals (DACA), Basic Education for Adults, and Running Start Programs. Washington alleged that 85,000 students in Washington were denied this aid as a result. It asserted that the requirements were outside statutory authority, arbitrary and capricious agency action, and failed to follow required legal procedures, in violation of the Administrative Procedure Act (APA), 5 U.S.C. ch. 5, subch. I. It further asserted violation of separation of powers principles in Article I of the U.S. Constitution; and a violation of Article I’s Spending Clause for agency action usurping Congress’ authority. Washington sought declarative and injunctive relief to halt the DoED’s limits and distribution of funds in accordance with the CARES Act. They also sought attorney fees. Washington was represented by the Washington State Attorney General's Office while the DoED was represented by the Department of Justice. Judge Michelle L. Peterson was assigned.

Washington moved for a preliminary injunction on May 19, 2020. Washington made two primary arguments. First, that denying grants would irreparably harm students due to the economic downturn of the COVID-19 pandemic. Many students had dropped out citing financial trouble. Second, that the CARES Act lacked any implicit or explicit delegation of rulemaking authority to the DoED. The CARES Act had delegated rulemaking authority to agencies elsewhere. The CARES Act never referenced eligibility requirements; this showed, Washington asserted, that the DoED’s actions were not aligned with Congress’ intent. The court granted Washington’s preliminary injunction on June 12, 2020. The DoED was enjoined from enforcing their eligibility requirements. 466 F.Supp.3d 1151.

The court denied Washington’s first motion for partial summary judgment on July 24, 2020. It found the CARES Act too ambiguous to discern Congressional intent to override the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which, per DoED, prevented CARES Act funds from being distributed to noncitizens. It attributed statutory inconsistencies cited by Washington to mere “inartful drafting[.]” 2020 WL 4275041.

Washington filed their first amended complaint on September 18, 2020. This included new ED materials concerning noncitizens that had been issued since the first complaint. This material was at issue in Washington’s denied motion for partial summary judgment.

Washington again moved for summary judgment on November 20, 2020. Washington cited similar preliminary injunctions obtained by California and Massachusetts. Defendants filed a cross-motion for summary judgment on January 8, 2021. They argued that their interpretation of the CARES Act’s ambiguity was reasonable, and that Washington’s constitutional claims lacked merit.

On June 21, 2021, the parties filed a joint stipulation of dismissal. The DoED, now led by a different secretary, had rescinded the eligibility requirements at issue. All parties would bear their own fees and costs. The case was dismissed without prejudice and closed on June 22, 2021.

Summary Authors

Eric Gripp (8/1/2021)

Related Cases

Washington v. Devos, Western District of Washington (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17176395/parties/state-of-washington-v-cardona/


Judge(s)

Rice, Thomas Owen (Washington)

Attorneys(s) for Plaintiff

Coates, Spencer W (Washington)

Crisalli, Paul Michael (Washington)

Ferguson, Robert W. (Washington)

Simpson, R July (Washington)

Sprung, Jeffrey Todd (Washington)

Attorneys(s) for Defendant

Sverdlov, Alexander V. (District of Columbia)

Other Attorney(s)

Active

Active

Active

Judge(s)

Rice, Thomas Owen (Washington)

Attorneys(s) for Plaintiff

Coates, Spencer W (Washington)

Crisalli, Paul Michael (Washington)

Ferguson, Robert W. (Washington)

Simpson, R July (Washington)

Sprung, Jeffrey Todd (Washington)

Attorneys(s) for Defendant

Sverdlov, Alexander V. (District of Columbia)

Other Attorney(s)

Adams, Matthew (Matt) Hyrum (Washington)

Broder, Tanya (California)

Espiritu, Nicholas David (California)

Herrera, Kevin L. (Illinois)

Hinojosa, David G. (Texas)

Kim Pak, Sarah (California)

Maxey, Brian G. (Washington)

Torres, Genevieve Bonadies (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

State of Washington v. Cardona

June 22, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

State of Washington v. DeVos

May 19, 2020 Complaint
31

Order Granting Plaintiff's Motion for Preliminary Injunction

State of Washington v. DeVos

466 F.Supp.3d 1151

June 12, 2020 Order/Opinion
63

Order Denying Plaintiff's Motion for Partial Summary Judgment

2020 WL 4275041

July 24, 2020 Order/Opinion
69

First Amended Complaint for Declaratory and Injunctive Relief

State of Washington v. Devos

Sept. 18, 2020 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17176395/state-of-washington-v-cardona/

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

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400; Receipt # 0980-3461764) Filed by State of Washington. (Attachments: # 1 Summons Betsy DeVos, # 2 Summons U.S. Department of Education, # 3 Civil Cover Sheet)(Sprung, Jeffrey) (Entered: 05/19/2020)

1 Summons Betsy DeVos

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2 Summons U.S. Department of Education

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3 Civil Cover Sheet

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May 19, 2020 RECAP

Notice of Judge Assignment

May 19, 2020 PACER

Notice of Judge Assignment. Chief Judge Thomas O. Rice assigned to case. (AY, Case Administrator)

May 19, 2020 PACER
2

Summons Issued to Betsy DeVos, Secretary of United States Department of Education (Attachments: # 1 Summons United States Department of Education) as to all Defendants. (AY, Case Administrator) (Entered: 05/19/2020)

May 19, 2020 PACER
3

MOTION for Leave to File Excess Pages and for Expedited Consideration by State of Washington. Motion Hearing set for 5/26/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Simpson, R) (Entered: 05/19/2020)

May 19, 2020 PACER
4

MOTION to Expedite and Set Briefing Schedule for Preliminary Injunction by State of Washington. Motion Hearing set for 5/26/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Sprung, Jeffrey) (Entered: 05/19/2020)

May 19, 2020 PACER
5

MOTION for Preliminary Injunction by State of Washington. Motion Hearing set for 6/11/2020 at 01:00 PM in Spokane Courtroom 902 before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Sprung, Jeffrey) (Entered: 05/19/2020)

1 Text of Proposed Order

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May 19, 2020 RECAP
6

DECLARATION by July Simpson in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Attachments: # 1 Exhibit Exhibits_A-I)(Simpson, R) (Entered: 05/19/2020)

May 19, 2020 PACER
7

DECLARATION by Rebekah S. Woods in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 05/19/2020)

May 19, 2020 PACER
8

DECLARATION by Maria "Chio" Flores, Ph.D. in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 05/19/2020)

May 19, 2020 PACER
9

DECLARATION by Crystal Allison in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 05/19/2020)

May 19, 2020 PACER
10

DECLARATION by Teresa Buchmann in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 05/19/2020)

May 19, 2020 PACER
11

DECLARATION by Shelli Soto in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 05/19/2020)

May 19, 2020 PACER
12

DECLARATION by Brianne Sanchez in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 05/19/2020)

May 19, 2020 PACER
13

DECLARATION by Janice Lee Yoshiwara in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Attachments: # 1 Exhibit 1)(Sprung, Jeffrey) (Entered: 05/19/2020)

May 19, 2020 PACER
14

DECLARATION by Delores Cleary in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 05/19/2020)

May 19, 2020 PACER
15

DECLARATION by Brian Dixon in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Sprung, Jeffrey) (Entered: 05/19/2020)

May 19, 2020 PACER
16

CERTIFICATE OF SERVICE as to 1 Complaint, 2 Summons Issued, [1-3] Civil Cover Sheet filed by State of Washington. (Sprung, Jeffrey) (Entered: 05/21/2020)

May 21, 2020 PACER
17

ORDER granting 4 Motion to Expedite and Setting Briefing Schedule. Defendants shall file their response to Plaintiff's Motion for Preliminary Injunction no later than 6/2/2020. Plaintiff may file an optional reply brief not to exceed 20 pages no later than 6/7/2020. Signed by Chief Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 05/26/2020)

May 26, 2020 PACER
18

ORDER granting 3 Motion for Leave to File Excess Pages. Plaintiff's 5 Motion for Preliminary Injunction is accepted as filed. Signed by Chief Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 05/26/2020)

May 26, 2020 PACER
19

NOTICE RESETTING HEARING on 5 Motion for Preliminary Injunction to telephonic argument. The Motion for Preliminary Injunction shall be heard 6/11/2020 at 1:00 PM via Teleconference before Chief Judge Thomas O. Rice. The parties are directed to call the Court's conference line at 888-273-3658 five (5) minutes prior to the designated hearing time. When prompted, enter Access Code 2982935 and Security Code 0182. The use of cellular or speaker phones is not permitted for telephonic proceedings. TEXT ONLY NOTICE; NO PDF WILL ISSUE.(BF, Paralegal) (Entered: 05/26/2020)

May 26, 2020 PACER
20

NOTICE of Appearance by Alexander V Sverdlov on behalf of All Defendants (Attorney Alexander V Sverdlov added to party Betsy DeVos(pty:dft), Attorney Alexander V Sverdlov added to party United States Department of Education(pty:dft))(Sverdlov, Alexander) (Entered: 05/26/2020)

May 26, 2020 PACER
21

RESPONSE to Motion re 4 MOTION to Expedite and Set Briefing Schedule for Preliminary Injunction filed by All Defendants. (Sverdlov, Alexander) (Entered: 05/26/2020)

May 26, 2020 PACER

Order on Motion to Expedite

May 26, 2020 PACER

Order on Motion for Leave to File Excess Pages

May 26, 2020 PACER

Notice of Hearing on Motion - By Court

May 26, 2020 PACER
22

MEMORANDUM in Opposition re 5 MOTION for Preliminary Injunction filed by All Defendants. (Attachments: # 1 Exhibit A)(Sverdlov, Alexander) (Entered: 06/02/2020)

1 Exhibit A

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June 2, 2020 RECAP
23

REPLY MEMORANDUM re 5 MOTION for Preliminary Injunction filed by State of Washington. (Attachments: # 1 Text of Proposed Order Revised Proposed Order)(Simpson, R) (Entered: 06/07/2020)

June 7, 2020 PACER
24

DECLARATION by July Simpson in Support re 5 MOTION for Preliminary Injunction filed by State of Washington. (Attachments: # 1 Exhibit A-B)(Simpson, R) (Entered: 06/07/2020)

June 7, 2020 PACER
25

Amicus Curiae APPEARANCE entered by Brian G Maxey on behalf of 16 Counties and Cities (Attorney Brian G Maxey added to party 16 Counties and Cities(pty:am))(Maxey, Brian) (Entered: 06/07/2020)

June 7, 2020 PACER
26

MOTION for Leave to File Brief of Amici Curiae 16 Counties and Cities in Support of Plaintiff's Motion for Preliminary Injunction by 16 Counties and Cities. Motion Hearing set for 6/11/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Brief of Amici Curiae 16 Counties and Cities in Support of Plaintiff's Motion for Preliminary Injunction, # 2 Text of Proposed Order)(Maxey, Brian) (Entered: 06/07/2020)

June 7, 2020 PACER
27

NOTICE RE CALL-IN INFORMATION for Telephonic Hearing on 5 Motion for Preliminary Injunction set on 6/11/2020 at 1:00 PM before Chief Judge Thomas O. Rice. Case participants will be provided with separate call-in details by private email from the Court's staff to use for this teleconference. Non-parties may call the Court's public conference line at 888-273-3658 Access Code 2982935 (no security code required), five minutes before the scheduled conference time to listen to the hearing. Hearing content provided by teleconference dial-in access MUST NOT be recorded or rebroadcast. Text entry; no PDF document. (LLH, Courtroom Deputy) (Entered: 06/10/2020)

June 10, 2020 PACER

Notice - Other

June 10, 2020 PACER
28

NOTICE by All Defendants of Forthcoming Interim Final Rule (Attachments: # 1 Exhibit Forthcoming Interim Final Rule)(Sverdlov, Alexander) (Entered: 06/11/2020)

1 Exhibit Forthcoming Interim Final Rule

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June 11, 2020 PACER
29

Minute Entry for TELEPHONIC proceedings held before Chief Judge Thomas O. Rice: Motion Hearing held on 6/11/2020. (Reported by: Allison Anderson) (LLH, Courtroom Deputy) (Entered: 06/11/2020)

June 11, 2020 RECAP
30

ORDER DENYING AMICI CURIAE BRIEF; denying 26 16 Counties and Cities' Motion for Leave to File Brief of Amici Curiae. Signed by Chief Judge Thomas O. Rice. (CV, Case Administrator) (Entered: 06/12/2020)

June 12, 2020 RECAP
31

ORDER Granting 5 Plaintiff's Motion for Preliminary Injunction. Signed by Chief Judge Thomas O. Rice. (CV, Case Administrator) (Entered: 06/12/2020)

June 12, 2020 RECAP
32

NOTICE by State of Washington of Filing (Attachments: # 1 California Order Granting Motion for Preliminary Injunction)(Sprung, Jeffrey) (Entered: 06/23/2020)

1 California Order Granting Motion for Preliminary Injunction

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June 23, 2020 RECAP
33

MOTION to Expedite and Set Briefing Schedule for Partial Summary Judgment by State of Washington. Motion Hearing set for 7/1/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Sprung, Jeffrey) (Entered: 06/24/2020)

1 Text of Proposed Order

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June 24, 2020 RECAP
34

DECLARATION by Brian Dixon in Support re 33 MOTION to Expedite and Set Briefing Schedule for Partial Summary Judgment filed by State of Washington. (Sprung, Jeffrey) (Entered: 06/24/2020)

June 24, 2020 RECAP
35

MEMORANDUM in Opposition re 33 MOTION to Expedite and Set Briefing Schedule for Partial Summary Judgment filed by All Defendants. (Sverdlov, Alexander) (Entered: 06/26/2020)

June 26, 2020 RECAP
36

REPLY MEMORANDUM re 33 MOTION to Expedite and Set Briefing Schedule for Partial Summary Judgment filed by State of Washington. (Sprung, Jeffrey) (Entered: 06/29/2020)

June 29, 2020 RECAP
37

MOTION for Partial Summary Judgment by State of Washington. Motion Hearing set for 7/27/2020 at 11:00 AM via Teleconference before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Coates, Spencer) (Entered: 06/29/2020)

1 Text of Proposed Order

View on RECAP

June 29, 2020 RECAP
38

DECLARATION by R. July Simpson in Support re 37 MOTION for Partial Summary Judgment filed by State of Washington. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Coates, Spencer) (Entered: 06/29/2020)

1 Exhibit A

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2 Exhibit B

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June 29, 2020 PACER
39

ORDER granting Plaintiff's 33 Motion to Expedite. Plaintiff filed its 37 Motion for Partial Summary Judgment on 6/29/2020. Defendants will file their response no later than 7/14/2020. Plaintiff will file its reply, if any, no later than 7/21/2020. The Court will consider the motion without oral argument once briefing is complete. Signed by Chief Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 06/30/2020)

June 30, 2020 PACER

Order on Motion to Expedite

June 30, 2020 PACER
40

Amicus Curiae APPEARANCE entered by Matthew H Adams on behalf of Black Alliance for Just Immigration and Other Organizations (Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
41

MOTION for Leave to File Brief of Amici Curiae by Black Alliance for Just Immigration and Other Organizations. Motion Hearing set for 8/13/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Exhibit Brief of Amici Curiae, # 2 Text of Proposed Order)(Adams, Matthew) (Entered: 07/13/2020)

1

View on RECAP

July 13, 2020 PACER
42

DECLARATION of Nana Gyamfi re 41 MOTION for Leave to File Brief of Amici Curiae by Black Alliance for Just Immigration and Other Organizations. (Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
43

DECLARATION of A.M. re 41 MOTION for Leave to File Brief of Amici Curiae by Black Alliance for Just Immigration and Other Organizations. (Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
44

DECLARATION of C.M.N. re 41 MOTION for Leave to File Brief of Amici Curiae by Black Alliance for Just Immigration and Other Organizations. (Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
45

MOTION to Appear Pro Hac Vice re Attorney: David Hinojosa. Filing fee $ 200, receipt number 0980-3504895. by Black Alliance for Just Immigration and Other Organizations. Motion Hearing set for 8/12/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
46

MOTION to Appear Pro Hac Vice re Attorney: Genevieve Bonadies Torres. Filing fee $ 200, receipt number 0980-3504906. by Black Alliance for Just Immigration and Other Organizations. Motion Hearing set for 8/12/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
47

MOTION to Appear Pro Hac Vice re Attorney: Kevin Herrera. Filing fee $ 200, receipt number 0980-3504915. by Black Alliance for Just Immigration and Other Organizations. Motion Hearing set for 8/12/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
48

MOTION to Appear Pro Hac Vice re Attorney: Nicholas Espiritu. Filing fee $ 200, receipt number 0980-3504928. by Black Alliance for Just Immigration and Other Organizations. Motion Hearing set for 8/12/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
49

MOTION to Appear Pro Hac Vice re Attorney: Sarah Kim Pak. Filing fee $ 200, receipt number 0980-3504933. by Black Alliance for Just Immigration and Other Organizations. Motion Hearing set for 8/12/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
50

MOTION to Appear Pro Hac Vice re Attorney: Tanya Broder. Filing fee $ 200, receipt number 0980-3504945. by Black Alliance for Just Immigration and Other Organizations. Motion Hearing set for 8/12/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
51

DECLARATION of S.T. re 41 MOTION for Leave to File Brief of Amici Curiae by Black Alliance for Just Immigration and Other Organizations. (Adams, Matthew) (Entered: 07/13/2020)

July 13, 2020 PACER
52

MEMORANDUM of Points and Authorities in Opposition re 37 MOTION for Partial Summary Judgment filed by All Defendants. (Sverdlov, Alexander) (Entered: 07/14/2020)

July 14, 2020 RECAP
53

ORDER granting 45 Motion for Leave to Appear Pro Hac Vice. Attorney David Hinojosa added for Black Alliance for Just Immigration and Other Organizations (Amicus). Signed by Chief Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 07/15/2020)

July 15, 2020 PACER
54

ORDER granting 47 Motion for Leave to Appear Pro Hac Vice. Attorney Kevin Herrera for Black Alliance for Just Immigration and Other Organizations (Amicus). Signed by Chief Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 07/15/2020)

July 15, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 15, 2020 PACER
55

Consent MOTION for Extension of Time to File Answer to Plaintiff's Complaint by All Defendants. Motion Hearing set for 8/19/2020 Without Oral Argument before Chief Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 07/20/2020)

July 20, 2020 PACER
56

ORDER granting 55 Consent Motion for Extension of Time to File Answer. Pursuant to the parties' stipulation, Defendants shall answer or otherwise respond to Plaintiff's complaint no later than 8/28/2020. Signed by Chief Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE.(BF, Paralegal) (Entered: 07/21/2020)

July 21, 2020 PACER
57

ORDER granting 46 Motion for Leave to Appear Pro Hac Vice. Attorney Genevieve Bonadies Torres added for Black Alliance for Just Immigration and Other Organizations. Signed by Chief Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE.(BF, Paralegal) (Entered: 07/21/2020)

July 21, 2020 PACER
58

ORDER granting 48 Motion for Leave to Appear Pro Hac Vice. Attorney Nicholas David Espiritu added for Black Alliance for Just Immigration and Other Organizations. Signed by Chief Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE.(BF, Paralegal) (Entered: 07/21/2020)

July 21, 2020 PACER
59

ORDER granting 49 Motion for Leave to Appear Pro Hac Vice. Attorney Sarah Kim Pak added for Black Alliance for Just Immigration and Other Organizations. Signed by Chief Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE.(BF, Paralegal) (Entered: 07/21/2020)

July 21, 2020 PACER
60

ORDER granting 50 Motion for Leave to Appear Pro Hac Vice. Attorney Tanya Broder added for Black Alliance for Just Immigration and Other Organizations. Signed by Chief Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE.(BF, Paralegal) (Entered: 07/21/2020)

July 21, 2020 PACER
61

REPLY MEMORANDUM re 37 MOTION for Partial Summary Judgment filed by State of Washington. (Coates, Spencer) (Entered: 07/21/2020)

July 21, 2020 RECAP

Order on Motion for Extension of Time to Answer

July 21, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

July 21, 2020 PACER
62

ORDER DENYING AMICI CURIAE BRIEF. Black Alliance for Just Immigration and Other Organizations Motion for Leave to File Brief of Amici Curiae, ECF No. 41, is DENIED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 07/24/2020)

July 24, 2020 PACER
63

ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT. Plaintiff's Motion for Partial Summary Judgment (ECF No. 37 ) is DENIED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 07/24/2020)

July 24, 2020 RECAP
64

Administrative Record by Defendants Betsy DeVos, United States Department of Education. (Attachments: # 1 Certification, # 2 Index, # 3 Administrative Record)(Sverdlov, Alexander) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
65

SCHEDULING CONFERENCE NOTICE: Telephonic Scheduling Conference set for 9/23/2020 at 8:30 AM before Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 08/20/2020)

Aug. 20, 2020 RECAP
66

Consent MOTION for Extension of Time to File Answer by All Defendants. Motion Hearing set for 9/25/2020 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 08/27/2020)

1 Text of Proposed Order

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Aug. 27, 2020 PACER
67

ORDER: For good cause shown, Defendants' Consent Motion for an Extension of Time to Respond to Complaint, ECF No. 66, is GRANTED. Defendants shall respond to the Complaint on or before September 25, 2020. TEXT ONLY ORDER / NO PDF DOCUMENT. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 09/02/2020)

Sept. 2, 2020 PACER

Order on Motion for Extension of Time to Answer

Sept. 2, 2020 PACER
68

STATUS REPORT Joint by State of Washington. (Simpson, R) (Entered: 09/09/2020)

Sept. 9, 2020 RECAP
69

First AMENDED COMPLAINT for Declaratory and Injunctive Relief against Betsy DeVos, United States Department of Education. Filed by State of Washington.(Simpson, R) (Entered: 09/18/2020)

Sept. 18, 2020 RECAP
70

Minute Entry for TELEPHONIC proceedings held before Judge Thomas O. Rice: Scheduling Conference held on 9/23/2020. (Reported by: Crystal Hicks) (LLH, Courtroom Deputy) (Entered: 09/23/2020)

Sept. 23, 2020 RECAP
71

SCHEDULING ORDER: The case will be considered submitted to the Court without oral argument on 2/24/2021 unless either party requests oral argument no later than 1/29/2021 and complies with LCivR 7(i)(3). Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 09/23/2020)

Sept. 23, 2020 RECAP
72

MOTION for Summary Judgment by State of Washington. Motion Hearing set for 2/24/2021 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Simpson, R) (Entered: 11/20/2020)

1 Text of Proposed Order

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Nov. 20, 2020 RECAP
73

DECLARATION by R. July Simpson in Support re 72 MOTION for Summary Judgment filed by State of Washington. (Attachments: # 1 Exhibit A-F)(Simpson, R) (Entered: 11/20/2020)

Nov. 20, 2020 PACER
74

Consent MOTION for Extension of Time to File Response/Reply as to 72 MOTION for Summary Judgment by All Defendants. Motion Hearing set for 1/19/2021 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 12/18/2020)

Dec. 18, 2020 PACER
75

ORDER: Defendants' Consent Motion for Extension of Time, ECF No. 74, is GRANTED. The Scheduling Order at ECF No. 71 is amended as follows: Defendants' combined cross-motion for summary judgment and opposition to Plaintiff's motion shall be filed no later than January 8, 2021; Plaintiff's Combined Reply and Opposition is due no later than February 19, 2021; Defendants' Reply is due no later than March 12, 2021; and the case will be submitted to the Court without oral argument on March 17, 2021. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER / NO PDF DOCUMENT.(LLH, Courtroom Deputy) (Entered: 12/18/2020)

Dec. 18, 2020 PACER

Order

Dec. 18, 2020 PACER
76

Cross MOTION for Summary Judgment and Response to Plaintiff's Motion by All Defendants. Motion Hearing set for 3/17/2021 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 01/08/2021)

1 Text of Proposed Order

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Jan. 8, 2021 RECAP
77

Stipulated MOTION to Stay ; Stipulated Request to Hold Proceedings in Abeyance by All Defendants. Motion Hearing set for 3/22/2021 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 02/18/2021)

1

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Feb. 18, 2021 RECAP
78

ORDER: For good cause shown, all briefing and the hearing are held in abeyance until April 19, 2021; the parties shall file a joint status report on or before April 19, 2021 apprising the Court of the status of the Department's consideration and whether the Parties wish to proceed with briefing cross-motions for summary judgment, including, if applicable, a revised briefing schedule. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER / NO PDF DOCUMENT. (LLH, Courtroom Deputy) (Entered: 02/18/2021)

Feb. 18, 2021 PACER

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

Feb. 18, 2021 PACER

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

Feb. 18, 2021 PACER

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

Feb. 18, 2021 PACER
79

STATUS REPORT and Stipulated Request to Continue Holding Proceedings in Abeyance by Phil Rosenfelt, United States Department of Education. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 04/19/2021)

1 Text of Proposed Order

View on PACER

April 19, 2021 RECAP
80

ORDER: For good cause shown, all briefing and the hearing on the pending motions are held in abeyance until June 21, 2021; the parties shall file a joint status report on or before June 21, 2021 apprising the Court of the status of the Department's consideration and whether the Parties wish to proceed with briefing cross-motions for summary judgment, including, if applicable, a revised briefing schedule. Pursuant to Fed. R. Civ. P. 25(d), Miguel Cardona, in his official capacity as the United States Acting Secretary of Education, is substituted as a defendant in this action, in place of Phil Rosenfelt. The Clerk shall adjust the docket accordingly. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER / NO PDF DOCUMENT.(LLH, Courtroom Deputy) (Entered: 04/20/2021)

April 20, 2021 PACER

Order

April 20, 2021 PACER
81

Stipulated MOTION to Dismiss / JOINT ENTRY by All Plaintiffs. Motion Hearing set for 6/21/2021 Without Oral Argument before Judge Thomas O. Rice. (Simpson, R) (Entered: 06/21/2021)

June 21, 2021 RECAP
82

ORDER OF DISMISSAL WITHOUT PREJUDICE. Pursuant to Rule 41(a)(1)(A)(ii) and the parties' stipulation 18, this action is DISMISSED without prejudice, each party shall bear their own fees and costs. All pending motions are denied as moot. Any remaining hearings and deadlines are vacated. The file is CLOSED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 06/22/2021)

June 22, 2021 RECAP
83

JUDGMENT IN A CIVIL ACTION. (LLH, Courtroom Deputy) (Entered: 06/22/2021)

June 22, 2021 RECAP
84

AMENDED JUDGMENT IN A CIVIL ACTION. Amended to reflect dismissal without prejudice. Signed by Judge Thomas O. Rice. (BF, Paralegal) (Entered: 06/22/2021)

June 22, 2021 RECAP

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 19, 2020

Closing Date: June 22, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The State of Washington.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Ex parte Young (federal or state officials)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2020 - 2021

Content of Injunction:

Preliminary relief granted

Issues

General:

Education

Funding

Public assistance grants

COVID-19:

Mitigation Granted

Mitigation Requested

Type of Facility:

Government-run

Benefit Source:

CARES Act (Covid-related)