Case: Sweet v. Cardona

3:19-cv-03674 | U.S. District Court for the Northern District of California

Filed Date: June 25, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the government’s inaction in the process of “borrower defenses,” in which the borrowers of federal student loans can request to cancel their loans based on the school’s misconduct. At the time of filing, more than 160,000 former college students are awaiting a decision on their borrower defenses.  On June 25, 2019, seven students filed this class action lawsuit in the United States District Court for the Northern District of California. The plaintiffs sued the United States…

This is a case about the government’s inaction in the process of “borrower defenses,” in which the borrowers of federal student loans can request to cancel their loans based on the school’s misconduct. At the time of filing, more than 160,000 former college students are awaiting a decision on their borrower defenses. 

On June 25, 2019, seven students filed this class action lawsuit in the United States District Court for the Northern District of California. The plaintiffs sued the United States Department of Education and its Secretary under the Administrative Procedure Act (APA). The plaintiffs claimed that the defendant,  in violation of the APA § 706(1), failed to act on borrower defense applications (Count 1), and the defendant’s policy of refusing to grant any borrower defenses was arbitrary, capricious, and contrary to law under the APA § 706(2) (Count 2).

Represented by Housing & Economic Rights Advocates, the plaintiffs sought to vacate the defendant’s policy of refusing to grant borrower defenses and to compel the defendant to grant or deny the class members’ borrower defense, as well as reasonable costs and attorneys’ fees. The case was initially assigned to Judge Nathanel M. Cousins, but reassigned to Judge William Alsup on July 9, 2019. 

On July 23, plaintiffs filed a motion to certify class, which was granted on October 30. The class certified is all people who borrowed a student loan to pay for a program of higher education, who have asserted a borrower defense to repayment to the U.S. Department of Education, whose borrower defense has not been granted or denied. Class members of the other class action lawsuits (Calvillo Manriquez v. DeVos, No. 17-7106 (N.D. Cal.)) are excluded. 

On September 12, 2019, the defendant filed a motion to dismiss Claim 2 of the complaint because the plaintiffs had not identified a final agency action subject to review under APA§ 706(2). The plaintiffs did not oppose the motion, and the court granted a partial motion to dismiss Count 2 of the complaint.

After both the plaintiffs and the defendant filed motions for summary judgment in December 2019, the parties reached a settlement and filed a joint motion for settlement on April 10, 2020. The court granted the motion for preliminary approval of the class settlement on May 22, 2020. The settlement imposed an eighteen-month deadline for the defendant to decide borrower defenses and a twenty-one-month deadline to effect relief for claims filed by April 7, 2020.

However, the court denied the parties’ September 17 motion for final approval and enforcement of the settlement agreement on October 19. The Department of Education had for several months been issuing generic denials to borrowers instead of adjudicating the applications on the borrower defenses, denying over 90% of applicants, and the court and plaintiffs had only recently become aware of the practice. Plaintiffs argued this practice violated the spirit of the proposed settlement and the APA. The court ordered the parties to resume discovery, as well as show cause for why the Secretary should not be enjoined from further denial of borrower-defense applications. Soon after, the Secretary stated that she would not issue any further denials and the court held it would not enjoin her. 

On May 4, 2021, the plaintiffs filed a supplemental complaint that alleged that the defendant had not actually restarted processing borrower defenses and that the defendant had violated the law and the settlement by sending boilerplate denials without review. The plaintiffs asserted that the Secretary’s “presumption of denial” policy constituted further violations of the APA and the Due Process under the Fifth Amendment.

The plaintiffs filed a motion for summary judgment on June 9, 2022, and the defendants filed their own on June 23. However, the parties also filed their joint motion for preliminary approval of their second settlement in the midst of these filings, on June 22. The second settlement divided the class into three groups and required defendants to take the following actions for each group: 

  1. For class members who attended certain schools specified in the exhibit (Group 2), to give full, automatic relief, i.e., the loans will be discharged;
  2. For class members other than Group 1 (Group 2), to determine borrower defenses within a specified period of time correlated to how long they have been waiting, and if a determination is not made within that period, the borrowers will receive full, automatic relief; and,
  3. For those who submitted borrower defenses after June 22, 2022 (Group 3), to determine borrower defenses within three years of the submission, and if a determination is not made within that period, the borrowers will receive full, automatic relief.

On July 13, 2022, four schools, American National University (ANU), The Chicago School of Professional Psychology, Everglades College, Inc., and Lincoln Educational Services Corporation, filed motions to intervene to oppose the second settlement.

On August 4, 2022, the court granted preliminary approval of the class settlement. The court reasoned that the Secretary had the legal authority to enter into the settlement, and the terms and conditions in the settlement were fair, reasonable, and adequate. All the intervenor’s objections were overruled because the settlement didn’t bind the schools and didn’t create any liability against them. Then, on October 16, the court granted final settlement approval, overruling all objections and dismissing the case with prejudice. The court retained jurisdiction as agreed upon in the settlement agreement.  

On January 13, 2023, the intervenors filed a notice of appeal and a motion to stay pending appeal. The court denied the motion to stay pending appeal on February 24, 2023. The court reasoned that the settlement did not trigger any liability or harm against the intervenors and that there was no public interest in granting the motion because delaying relief would harm many borrowers. On March 29, 2023, the  Ninth Circuit Court denied the motion to stay pending appeal, reasoning that the intervenors had not demonstrated there was a sufficient probability of irreparable harm that would justify a stay. The appellate court also denied the plaintiffs’ motion to dismiss the appeal for lack of jurisdiction. The Supreme Court denied the application for stay on April 13, 2023. 

On November 5, 2024, the Ninth Circuit Court issued the opinion affirming the district court’s decision and reasoning.  While the Ninth Circuit acknowledged that the schools had standing based on alleged reputational harm, it held they lacked prudential standing because the settlement did not legally bind or prejudice them. The court also rejected arguments that the case was moot due to the settlement, finding that the plaintiffs’ claims remained live and the defendant’s voluntary policy changes could be reversed. It further concluded the schools lacked a legally protectable interest.

On December 20, the intervenors filed a petition for rehearing en banc. 

As of April 9, 2025, the case is ongoing.

Summary Authors

Haruno Fukatsu (4/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15828463/parties/sweet-v-cardona/


Judge(s)

Alsup, William Haskell (California)

Attorney for Plaintiff
Attorney for Defendant

Akerman, Alexander (California)

Attorney, Joshua Marc

Attorney, Stuart Robinson,

Expert/Monitor/Master/Other

Attorney, Donald L.

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Documents in the Clearinghouse

Document
1

3:19-cv-03674

Class Action Complaint for Declaratory and Injunctive Relief

June 25, 2019

June 25, 2019

Complaint
46

3:19-cv-03674

Order Granting Motion for Class Certification

Oct. 30, 2019

Oct. 30, 2019

Order/Opinion
146

3:19-cv-03674

Order Denying Class Settlement, to Resume Discovery, and to Show Cause

Oct. 19, 2020

Oct. 19, 2020

Order/Opinion
198

3:19-cv-03674

Supplemental Class Action Complaint for Declaratory and Injunctive Relief

May 4, 2021

May 4, 2021

Complaint
246-1

3:19-cv-03674

Settlement Agreement

June 22, 2022

June 22, 2022

Order/Opinion
307

3:19-cv-03674

Order Granting Preliminary Approval of Class Action Settlement

Aug. 4, 2022

Aug. 4, 2022

Order/Opinion
345

3:19-cv-03674

Order Granting Final Settlement Approval

Nov. 16, 2022

Nov. 16, 2022

Order/Opinion

641 F.Supp.3d 814

382

3:19-cv-03674

Order Re Motion to Stay Judgment Pending Appeal

Feb. 24, 2023

Feb. 24, 2023

Order/Opinion

657 F.Supp.3d 1260

393

3:19-cv-03674

Order in Pending Case

April 13, 2023

April 13, 2023

Order/Opinion
441

3:19-cv-03674

USCA Memorandum

U.S. Court of Appeals for the Ninth Circuit

Nov. 5, 2024

Nov. 5, 2024

Order/Opinion

121 F.4th 32

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15828463/sweet-v-cardona/

Last updated May 4, 2025, 11:05 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-13464570.). Filed byAlicia Davis, Daniel Deegan, Jessica Jacobson, Chenelle Archibald, Samuel Hood, Theresa Sweet, Tresa Apodaca. (Attachments: # 1 Civil Cover Sheet)(Connor, Eileen) (Filed on 6/25/2019) (Entered: 06/25/2019)

1 Civil Cover Sheet

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June 25, 2019

June 25, 2019

Clearinghouse

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June 25, 2019

June 25, 2019

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Proposed Summons. (Connor, Eileen) (Filed on 6/25/2019) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

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Certificate of Interested Entities by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet (Connor, Eileen) (Filed on 6/25/2019) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13464585.) filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Attachments: # 1 Exhibit Certificate of Good Standing)(Rovenger, Joshua) (Filed on 6/25/2019) (Entered: 06/25/2019)

1 Exhibit Certificate of Good Standing

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June 25, 2019

June 25, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13464586.) filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Attachments: # 1 Exhibit Certificate of Good Standing)(Merrill, Toby) (Filed on 6/25/2019) (Entered: 06/25/2019)

1 Exhibit Certificate of Good Standing

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June 25, 2019

June 25, 2019

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13464603.) filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Attachments: # 1 Exhibit Certificate of Good Standing)(Taylor, Kyra) (Filed on 6/25/2019) (Entered: 06/25/2019)

1 Exhibit Certificate of Good Standing

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June 25, 2019

June 25, 2019

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Case assigned to Judge Nathanael M. Cousins. 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 7/9/2019. (bwS, COURT STAFF) (Filed on 6/25/2019) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

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Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/18/2019. Initial Case Management Conference set for 9/25/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 6/25/2019) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

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Summons Issued as to Elisabeth DeVos, U.S. Department of Education, U.S. Attorney and U.S. Attorney General (sfbS, COURT STAFF) (Filed on 6/25/2019) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

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ORDER GRANTING APPLICATION for Admission of Attorney Joshua Rovenger Pro Hac Vice representing Plaintiffs 4 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/27/2019) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

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ORDER GRANTING APPLICATION for Admission of Attorney Toby Merrill Pro Hac Vice representing Plaintiffs 5 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/27/2019) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

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ORDER GRANTING APPLICATION for Admission of Attorney Kyra Taylor Pro Hac Vice representing Plaintiffs 6 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/27/2019) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet.. (Taylor, Kyra) (Filed on 7/9/2019) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

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July 9, 2019

July 9, 2019

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Clerk's Notice of Impending Reassignment - Text Only

July 9, 2019

July 9, 2019

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14

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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 7/9/2019) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
15

This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 7/9/2019) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

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16

Case reassigned to Judge Judge William Alsup. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to case. (Attachments: # 1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 7/9/2019) (Entered: 07/09/2019)

1 Notice of Eligibility for Video Recording

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July 9, 2019

July 9, 2019

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17

Certificate/Proof of Service for Summons and Complaint served on Elisabeth DeVos on June 26, 2019, filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Rovenger, Joshua) (Filed on 7/12/2019) Modified on 7/12/2019 (amgS, COURT STAFF). (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

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Clerk's Notice

July 12, 2019

July 12, 2019

PACER
18

Certificate/Proof of Service for Summons and Complaint served on Department of Education on June 26, 2019, filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Rovenger, Joshua) (Filed on 7/12/2019) Modified on 7/12/2019 (amgS, COURT STAFF). (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

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CLERK'S NOTICE SCHEDULING CMC ON REASSIGNMENT: Case Management Statement due by 9/19/2019. Initial Case Management Conference set for 9/26/2019 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Standing orders can be downloaded from the Court's web page at www.cand.uscourts.gov. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 7/12/2019) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
20

MOTION to Certify Class filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. Responses due by 8/6/2019. Replies due by 8/13/2019. (Attachments: # 1 Proposed Order, # 2 Declaration T. Sweet, # 3 Declaration T. Apodaca, # 4 Declaration C. Archibald, # 5 Declaration J. Jacobson, # 6 Declaration D. Deegan, # 7 Declaration A. Davis, # 8 Declaration S. Hood, # 9 Declaration N. Lyons, # 10 Declaration K. Taylor, # 11 Exhibit Taylor Exhibit 1, # 12 Exhibit Taylor Exhibit 2, # 13 Exhibit Taylor Exhibit 3, # 14 Exhibit Taylor Exhibit 4, # 15 Exhibit Taylor Exhibit 5, # 16 Exhibit Taylor Exhibit 6, # 17 Exhibit Taylor Exhibit 7, # 18 Exhibit Taylor Exhibit 8, # 19 Exhibit Taylor Exhibit 9, # 20 Exhibit Taylor Exhibit 10, # 21 Exhibit Taylor Exhibit 11, # 22 Exhibit Taylor Exhibit 12, # 23 Exhibit Taylor Exhibit 13, # 24 Exhibit Taylor Exhibit 14, # 25 Exhibit Taylor Exhibit 15, # 26 Declaration J. Rovenger, # 27 Exhibit Rovenger Exhibit A, # 28 Exhibit Rovenger Exhibit B, Part 1, # 29 Exhibit Rovenger Exhibit B, Part 2)(Rovenger, Joshua) (Filed on 7/23/2019) (Entered: 07/23/2019)

1 Proposed Order

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2 Declaration T. Sweet

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3 Declaration T. Apodaca

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4 Declaration C. Archibald

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5 Declaration J. Jacobson

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6 Declaration D. Deegan

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7 Declaration A. Davis

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8 Declaration S. Hood

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9 Declaration N. Lyons

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10 Declaration K. Taylor

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11 Exhibit Taylor Exhibit 1

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12 Exhibit Taylor Exhibit 2

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13 Exhibit Taylor Exhibit 3

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14 Exhibit Taylor Exhibit 4

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15 Exhibit Taylor Exhibit 5

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16 Exhibit Taylor Exhibit 6

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17 Exhibit Taylor Exhibit 7

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18 Exhibit Taylor Exhibit 8

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19 Exhibit Taylor Exhibit 9

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20 Exhibit Taylor Exhibit 10

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21 Exhibit Taylor Exhibit 11

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22 Exhibit Taylor Exhibit 12

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23 Exhibit Taylor Exhibit 13

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24 Exhibit Taylor Exhibit 14

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25 Exhibit Taylor Exhibit 15

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26 Declaration J. Rovenger

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27 Exhibit Rovenger Exhibit A

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28 Exhibit Rovenger Exhibit B, Part 1

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29 Exhibit Rovenger Exhibit B, Part 2

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July 23, 2019

July 23, 2019

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EXHIBITS re 20 MOTION to Certify Class Rovenger Exhibit B, Part 3, and Rovenger Exhibit C, Part 1 filed byTresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Attachments: # 1 Exhibit Rovenger Exhibit C, Part 1)(Related document(s) 20 ) (Rovenger, Joshua) (Filed on 7/23/2019) (Entered: 07/23/2019)

1 Exhibit Rovenger Exhibit C, Part 1

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July 23, 2019

July 23, 2019

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EXHIBITS re 20 MOTION to Certify Class, 21 Exhibits, Rovenger Exhibit C, Part 2 filed byTresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Related document(s) 20, 21 ) (Rovenger, Joshua) (Filed on 7/23/2019) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

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ADMINISTRATIVE MOTION For An Expedited Case Management Conference filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. Responses due by 8/5/2019. (Attachments: # 1 Declaration, # 2 Proposed Order)(Rovenger, Joshua) (Filed on 7/31/2019) (Entered: 07/31/2019)

1 Declaration

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2 Proposed Order

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July 31, 2019

July 31, 2019

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ORDER DENYING 23 ADMINISTRATIVE MOTION FOR AN EXPEDITED CASE MANAGEMENT CONFERENCE. Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 8/1/2019) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

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CLERK'S NOTICE SETTING MOTION HEARING: Motion Hearing re 20 MOTION to Certify Class set for 9/26/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 8/2/2019) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

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Clerk's Notice

Aug. 2, 2019

Aug. 2, 2019

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~Util - Set Motion and Deadlines/Hearings

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Clerk's Notice Continuing Motion Hearing

Aug. 2, 2019

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26

CLERK'S NOTICE ADVANCING CMC: Initial Case Management Conference previously set for 9/26/2019 11:00 AM is rescheduled to 9/26/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 8/2/2019) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

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27

NOTICE of Appearance by R. Charlie Merritt (Merritt, R.) (Filed on 8/2/2019) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

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Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Certify Class filed by Elisabeth DeVos, U.S. Department of Education. (Attachments: # 1 Declaration of R. Charlie Merritt, # 2 Proposed Order)(Merritt, R.) (Filed on 8/2/2019) (Entered: 08/02/2019)

1 Declaration of R. Charlie Merritt

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2 Proposed Order

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Aug. 2, 2019

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ORDER GRANTING 28 MOTION TO ENLARGE BRIEFING SCHEDULE (re 20 ). Signed by Judge William Alsup. Responses due by 9/20/2019. Replies due by 10/1/2019.(whalc2, COURT STAFF) (Filed on 8/2/2019) (Entered: 08/02/2019)

Aug. 2, 2019

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CLERK'S NOTICE SETTING MOTION HEARING: Motion Hearing re 20 MOTION to Certify Class set for 10/24/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 8/7/2019) (Entered: 08/07/2019)

Aug. 7, 2019

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~Util - Set Motion and Deadlines/Hearings

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Clerk's Notice Continuing Motion Hearing

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CLERK'S NOTICE CONTINUING CMC: Initial Case Management Conference previously set for 9/26/2019 08:00 AM is rescheduled to 9/26/2019 11:00 AM in San Francisco, Courtroom 12, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 8/9/2019) (Entered: 08/09/2019)

Aug. 9, 2019

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Clerk's Notice

Aug. 9, 2019

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32

STIPULATION to Extend Date for Responding to Plaintiffs' Complaint filed by Elisabeth DeVos, U.S. Department of Education, Theresa Sweet, Jessica Jacobson, Samuel Hood, Daniel Deegan, Alicia Davis, Chenelle Archibald and Tresa Apodaca. (Merritt, R.) (Filed on 8/29/2019) Modified on 8/29/2019 (amgS, COURT STAFF). (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

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ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Merritt, R.) (Filed on 9/4/2019) (Entered: 09/04/2019)

Sept. 4, 2019

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ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Taylor, Kyra) (Filed on 9/4/2019) (Entered: 09/04/2019)

Sept. 4, 2019

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MOTION to Dismiss for Lack of Jurisdiction Count 2 of Plaintiffs' Complaint filed by Elisabeth DeVos, U.S. Department of Education. Motion Hearing set for 10/24/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 9/26/2019. Replies due by 10/3/2019. (Attachments: # 1 Proposed Order)(Merritt, R.) (Filed on 9/12/2019) (Entered: 09/12/2019)

1 Proposed Order

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Sept. 12, 2019

Sept. 12, 2019

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JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Elisabeth DeVos, U.S. Department of Education, Theresa Sweet, Jessica Jacobson, Samuel Hood, Daniel Deegan, Alicia Davis, Chenelle Archibald and Tresa Apodaca. (Merritt, R.) (Filed on 9/19/2019) Modified on 9/20/2019 (amgS, COURT STAFF). (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

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NOTICE of Appearance by Kathryn Celia Davis on Behalf of Defendants (Davis, Kathryn) (Filed on 9/20/2019) (Entered: 09/20/2019)

Sept. 20, 2019

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OPPOSITION/RESPONSE (re 20 MOTION to Certify Class ) filed by Elisabeth DeVos, U.S. Department of Education. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Davis, Kathryn) (Filed on 9/20/2019) Modified on 9/23/2019 (amgS, COURT STAFF). (Entered: 09/20/2019)

1 Exhibit

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2 Proposed Order

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Sept. 20, 2019

Sept. 20, 2019

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NOTICE by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet re 35 MOTION to Dismiss for Lack of Jurisdiction Count 2 of Plaintiffs' Complaint (Rovenger, Joshua) (Filed on 9/24/2019) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

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Minute Entry for proceedings held before Judge William Alsup: Initial Case Management Conference held on 9/26/2019. Stipulation and proposed order re: scheduling dates due by 10/2/2019 at Noon. (Total Time in Court: 32 minutes.) Court Reporter: Marla Knox. Plaintiff Attorney: Kyra Taylor. Defendant Attorney: Robert Charlie Merritt. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 9/26/2019) (Entered: 09/27/2019)

Sept. 26, 2019

Sept. 26, 2019

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Case Management Conference - Initial

Sept. 27, 2019

Sept. 27, 2019

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ORDER GRANTING 35 PARTIAL MOTION TO DISMISS. Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 9/28/2019) (Entered: 09/28/2019)

Sept. 28, 2019

Sept. 28, 2019

Clearinghouse
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REPLY (re 20 MOTION to Certify Class ) filed byTresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Lyons, Natalie) (Filed on 10/1/2019) (Entered: 10/01/2019)

Oct. 1, 2019

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43

Proposed Order re 40 Case Management Conference - Initial,, Joint Case Management Schedule and Proposed Order by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Attachments: # 1 Proposed Order)(Rovenger, Joshua) (Filed on 10/2/2019) (Entered: 10/02/2019)

1 Proposed Order

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Oct. 2, 2019

Oct. 2, 2019

RECAP
44

CASE MANAGEMENT SCHEDULING ORDER (adopting 43 ). Signed by Judge Alsup on 10/3/2019. (whalc2, COURT STAFF) (Filed on 10/3/2019) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

RECAP
45

Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re 20 MOTION to Certify Class held on 10/24/2019. Matter taken under submission. Court to issue written order. (Total Time in Court: 37 minutes.) Court Reporter: Ana Dub. Plaintiff Attorney: Kyra Taylor, Natalie Lyons, Josh Rovenger. Defendant Attorney: Kathryn Davis. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 10/24/2019) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER

Motion Hearing

Oct. 24, 2019

Oct. 24, 2019

PACER
46

ORDER GRANTING 20 MOTION FOR CLASS CERTIFICATION. Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 10/30/2019) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

Clearinghouse
47

ORDER REFERRING CASE to Magistrate Judge Donna M. Ryue for Mediation/Settlement. Signed by Judge William Alsup on 11/1/2019. (whasec, COURT STAFF) (Filed on 11/1/2019) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

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48

CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss preparation for an in-person settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 11/18/2019 10:30 AM. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 11/6/2019) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER

Clerk's Notice

Nov. 6, 2019

Nov. 6, 2019

PACER
49

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 1/21/2020 11:30 AM before Magistrate Judge Donna M. Ryu in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Donna M. Ryu on 11/6/2019. (ig, COURT STAFF) (Filed on 11/6/2019) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

RECAP
50

Statement of Joint Proposal Regarding Class Notification by Elisabeth DeVos, U.S. Department of Education and Theresa Sweet, et al. (Davis, Kathryn) (Filed on 11/6/2019) Modified on 11/6/2019 (amgS, COURT STAFF). (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

RECAP
51

MOTION for Extension of Time to File Motion for Summary Judgment filed by Elisabeth DeVos, U.S. Department of Education. (Attachments: # 1 Declaration, # 2 Proposed Order)(Hancock, Kevin) (Filed on 11/7/2019) (Entered: 11/07/2019)

1 Declaration

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2 Proposed Order

View on RECAP

Nov. 7, 2019

Nov. 7, 2019

RECAP
52

ORDER ON MOTION TO ENLARGE BRIEFING SCHEDULE FOR MOTION FOR SUMMARY JUDGMENT (adopting 51 AS MODIFIED). Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 11/8/2019) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

RECAP
53

ORDER RE PROPOSED CLASS NOTICE. Signed by Judge Alsup on 11/12/2019. (whalc2, COURT STAFF) (Filed on 11/12/2019) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

RECAP
54

Letter to Judge Ryu Regarding Availability for Settlement Conference. (Davis, Kathryn) (Filed on 11/12/2019) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

RECAP
55

ANSWER to Complaint by Elisabeth DeVos, U.S. Department of Education. (Davis, Kathryn) (Filed on 11/14/2019) Modified on 11/14/2019 (amgS, COURT STAFF). (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

RECAP
56

NOTICE by Elisabeth DeVos, U.S. Department of Education of Lodging of Certified Administrative Record (Attachments: # 1 Exhibit Certification of Administrative Record, # 2 Exhibit Administrative Record Index, # 3 Exhibit AR 1, # 4 Exhibit AR 2)(Merritt, R.) (Filed on 11/14/2019) (Entered: 11/14/2019)

1 Exhibit Certification of Administrative Record

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2 Exhibit Administrative Record Index

View on RECAP

3 Exhibit AR 1

View on RECAP

4 Exhibit AR 2

View on RECAP

Nov. 14, 2019

Nov. 14, 2019

RECAP
57

MOTION to Withdraw as Attorney Joshua D. Rovenger filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. Responses due by 11/29/2019. Replies due by 12/6/2019. (Attachments: # 1 Proposed Order)(Rovenger, Joshua) (Filed on 11/15/2019) (Entered: 11/15/2019)

1 Proposed Order

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Nov. 15, 2019

Nov. 15, 2019

RECAP
58

NOTICE Of Filing Proposed Class Notice by Elisabeth DeVos, U.S. Department of Education (Attachments: # 1 Exhibit)(Davis, Kathryn) (Filed on 11/15/2019) Modified on 11/15/2019 (amgS, COURT STAFF). (Entered: 11/15/2019)

1 Exhibit

View on RECAP

Nov. 15, 2019

Nov. 15, 2019

RECAP
59

ORDER GRANTING 57 MOTION TO WITHDRAW. Signed by Judge Alsup. (whalc2, COURT STAFF) (Filed on 11/15/2019) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

RECAP
60

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Planning call held on 11/18/2019. Results: At Defendant's request, Judge Ryu will attempt to reschedule the conference to 1/30/2020. By 1/9/2020, Plaintiffs shall transmit a detailed opening proposal, including both injunctive relief and EAJA fees, with a copy to Judge Ryu via email to DMRsettlement@cand.uscourts.gov. FTR Time: Not RecordedFor Plaintiffs: Kyra Taylor; Toby Merrill and Natalie Lyons For Defendant: R. Charlie Merritt and Kevin Hancock (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 11/18/2019) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER

Settlement Conference

Nov. 18, 2019

Nov. 18, 2019

PACER

1 - Terminate Hearings

Nov. 18, 2019

Nov. 18, 2019

PACER
61

ORDER APPROVING JOINT PROPOSAL FOR CLASS NOTICE (re 58 ). Signed by Judge Alsup on 11/19/2019. (whalc2, COURT STAFF) (Filed on 11/19/2019) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

RECAP
62

NOTICE OF RESCHEDULED SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER: Settlement Conference rescheduled to 1/30/2020 11:30 AM before Magistrate Judge Donna M. Ryu in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Donna M. Ryu on 11/20/2019. (ig, COURT STAFF) (Filed on 11/20/2019) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

RECAP
63

MOTION for Summary Judgment filed by Elisabeth DeVos, U.S. Department of Education. Motion Hearing set for 2/13/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 12/19/2019. Replies due by 1/6/2020. (Attachments: # 1 Proposed Order)(Merritt, R.) (Filed on 12/5/2019) (Entered: 12/05/2019)

1 Proposed Order

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Dec. 5, 2019

Dec. 5, 2019

RECAP
64

STIPULATION WITH PROPOSED ORDER filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet, U.S. Department of Education and Elisabeth DeVos. (Attachments: # 1 Affidavit Natalie Lyons)(Lyons, Natalie) (Filed on 12/18/2019) Modified on 12/19/2019 (amgS, COURT STAFF). (Entered: 12/18/2019)

1 Affidavit Natalie Lyons

View on RECAP

Dec. 18, 2019

Dec. 18, 2019

RECAP
65

ORDER GRANTING 64 STIPULATION TO EXTEND BRIEFING SCHEDULE AND INCREASE PAGE LIMITS (AS MODIFIED). Signed by Judge Alsup. (whalc2, COURT STAFF) (Filed on 12/19/2019) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

RECAP
66

MOTION MOTION TO SUPPLEMENT AND COMPLETE THE ADMINISTRATIVE RECORD AND EXCLUDE DEFENDANTS DECLARATIONS filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. Motion Hearing set for 2/13/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 1/6/2020. Replies due by 1/13/2020. (Attachments: # 1 Proposed Order, # 2 Declaration Connor Decl., # 3 Exhibit Exs. 1-10, # 4 Exhibit Exs. 11-22, # 5 Exhibit Exs. 23-39, # 6 Exhibit Ex. 40)(Taylor, Kyra) (Filed on 12/23/2019) (Entered: 12/23/2019)

1 Proposed Order

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2 Declaration Connor Decl.

View on RECAP

3 Exhibit Exs. 1-10

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4 Exhibit Exs. 11-22

View on RECAP

5 Exhibit Exs. 23-39

View on RECAP

6 Exhibit Ex. 40

View on RECAP

Dec. 23, 2019

Dec. 23, 2019

RECAP
67

MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. Motion Hearing set for 2/13/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 1/6/2020. Replies due by 1/13/2020. (Attachments: # 1 Proposed Order)(Taylor, Kyra) (Filed on 12/23/2019) (Entered: 12/23/2019)

1 Proposed Order

View on RECAP

Dec. 23, 2019

Dec. 23, 2019

RECAP
68

MOTION for Summary Judgment under Fed. R. Civ. P. 56(d) filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. Motion Hearing set for 2/13/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 1/6/2020. Replies due by 1/13/2020. (Attachments: # 1 Proposed Order, # 2 Declaration Taylor Decl.)(Taylor, Kyra) (Filed on 12/23/2019) (Entered: 12/23/2019)

1 Proposed Order

View on RECAP

2 Declaration Taylor Decl.

View on RECAP

Dec. 23, 2019

Dec. 23, 2019

RECAP
69

MOTION for Extension of Time to File Response/Reply as to 68 MOTION for Summary Judgment under Fed. R. Civ. P. 56(d), 66 MOTION MOTION TO SUPPLEMENT AND COMPLETE THE ADMINISTRATIVE RECORD AND EXCLUDE DEFENDANTS DECLARATIONS filed by Elisabeth DeVos, U.S. Department of Education. (Attachments: # 1 Declaration of R. Charlie Merritt, # 2 Proposed Order)(Merritt, R.) (Filed on 12/31/2019) (Entered: 12/31/2019)

1 Declaration of R. Charlie Merritt

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2 Proposed Order

View on RECAP

Dec. 31, 2019

Dec. 31, 2019

RECAP
70

ORDER GRANTING 69 MOTION TO EXTEND BRIEFING DEADLINE (AS MODIFIED). Signed by Judge Alsup. (whalc2, COURT STAFF) (Filed on 1/2/2020) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

RECAP
71

NOTICE by Elisabeth DeVos, U.S. Department of Education re 56 Notice (Other), Filing of Supplement to Administrative Record (Attachments: # 1 Certification of Administrative Record, # 2 Administrative Record Index, # 3 Supplement to Administrative Record)(Merritt, R.) (Filed on 1/9/2020) (Entered: 01/09/2020)

1 Certification of Administrative Record

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2 Administrative Record Index

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3 Supplement to Administrative Record

View on RECAP

Jan. 9, 2020

Jan. 9, 2020

RECAP
72

OPPOSITION/RESPONSE (re 67 MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment ) and Reply in Support of Defendants' Motion for Summary Judgment filed by Elisabeth DeVos, U.S. Department of Education. (Merritt, R.) (Filed on 1/9/2020) Modified on 1/9/2020 (amgS, COURT STAFF). (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

RECAP
73

MOTION & [PROPOSED] ORDER for Extension of Time to File Response/Reply as to 68 MOTION for Summary Judgment under Fed. R. Civ. P. 56(d), 66 MOTION MOTION TO SUPPLEMENT AND COMPLETE THE ADMINISTRATIVE RECORD AND EXCLUDE DEFENDANTS DECLARATIONS filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Attachments: # 1 Affidavit N. Lyons)(Lyons, Natalie) (Filed on 1/13/2020) Modified on 1/14/2020 (aaaS, COURT STAFF). (Entered: 01/13/2020)

1 Affidavit N. Lyons

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Jan. 13, 2020

Jan. 13, 2020

RECAP
74

ORDER GRANTING 73 MOTION FOR EXTENSION. Plaintiffs' replies in support of 66 68 are due JANUARY 29 at NOON. (whalc2, COURT STAFF) (Filed on 1/15/2020) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

RECAP
75

OPPOSITION/RESPONSE (re 66 MOTION MOTION TO SUPPLEMENT AND COMPLETE THE ADMINISTRATIVE RECORD AND EXCLUDE DEFENDANTS DECLARATIONS ) filed byElisabeth DeVos, U.S. Department of Education. (Attachments: # 1 Proposed Order)(Hancock, Kevin) (Filed on 1/16/2020) (Entered: 01/16/2020)

1 Proposed Order

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Jan. 16, 2020

Jan. 16, 2020

RECAP
76

OPPOSITION/RESPONSE (re 68 MOTION for Summary Judgment under Fed. R. Civ. P. 56(d) ) filed byElisabeth DeVos, U.S. Department of Education. (Attachments: # 1 Proposed Order)(Davis, Kathryn) (Filed on 1/16/2020) (Entered: 01/16/2020)

1 Proposed Order

View on RECAP

Jan. 16, 2020

Jan. 16, 2020

RECAP
77

REPLY (re 67 MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment ) filed byTresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Lyons, Natalie) (Filed on 1/23/2020) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

RECAP
78

REPLY re 66 MOTION MOTION TO SUPPLEMENT AND COMPLETE THE ADMINISTRATIVE RECORD AND EXCLUDE DEFENDANTS DECLARATIONS Reply filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. Motion Hearing set for 2/13/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 2/11/2020. Replies due by 2/18/2020. (Taylor, Kyra) (Filed on 1/28/2020) Modified on 1/31/2020 (tlhS, COURT STAFF). (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

RECAP
79

REPLY re 68 MOTION for Summary Judgment under Fed. R. Civ. P. 56(d) Reply filed by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. Motion Hearing set for 2/13/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 2/11/2020. Replies due by 2/18/2020. (Taylor, Kyra) (Filed on 1/28/2020) Modified on 1/31/2020 (tlhS, COURT STAFF). (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

RECAP
80

NOTICE by Tresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet of Additional Counsel at Settlement Conference (Lyons, Natalie) (Filed on 1/28/2020) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

RECAP
81

NOTICE by Elisabeth DeVos, U.S. Department of Education Regarding Counsel at January 30, 2020 Settlement Conference (Merritt, R.) (Filed on 1/29/2020) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

RECAP
82

REPLY (re 66 MOTION MOTION TO SUPPLEMENT AND COMPLETE THE ADMINISTRATIVE RECORD AND EXCLUDE DEFENDANTS DECLARATIONS ) filed byTresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Taylor, Kyra) (Filed on 1/29/2020) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

RECAP
83

REPLY (re 68 MOTION for Summary Judgment under Fed. R. Civ. P. 56(d) ) CORRECTION OF DOCKET 79 filed byTresa Apodaca, Chenelle Archibald, Alicia Davis, Daniel Deegan, Samuel Hood, Jessica Jacobson, Theresa Sweet. (Taylor, Kyra) (Filed on 1/29/2020) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

RECAP
84

Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement Conference held on 1/31/2020. Results: Judge Ryu will host a status call (approximately 30 minutes) on 2/3/2020 12:00 PM Pacific Time. Counsel will receive call-in credentials via email. FTR Time: Not Recorded For Plaintiffs: Kyra Taylor; Toby Merrill; Natalie Lyons; Claire Torchiana; and Theresa SweetFor Defendants: Kathryn Davis; Charlie Merritt; Kevin Hancock; Ethan Davis; Linday Pickell; and Jed Brinton (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 1/31/2020) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER

Settlement Conference

Jan. 31, 2020

Jan. 31, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Education

Special Collection(s):

Biden Student Loan Forgiveness Plan challenges

Key Dates

Filing Date: June 25, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Federal student loan borrowers who submitted borrower defenses requesting to cancel loans due to school misconducts

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The 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.

Constitutional Clause(s):

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Education