Declaration of Garrett M. Lindsey in Support of Stipulation to Set Briefing Schedule and Set Hearing

Summary

Declaration of Garrett M. Lindsey, a Deputy Attorney General with the California Department of Justice and counsel of record for Plaintiff the State of California, in State of Michigan, State of California, et al. v. DeVos, Case No. 3:20-cv-04478-JD, U.S. District Court for the Northern District of California, Document 62-2, filed July 29, 2020. The declaration supports a stipulation to set a briefing schedule and set a hearing for plaintiffs' motion for preliminary injunction. It states that the stipulated schedule would delay filing of the opposition by one day and the reply by two days, and that the parties agreed to expedite the hearing date. It is signed /s/ Garrett Lindsey and states it was executed on July 29, 2020, at Los Angeles, California.

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“Declaration of Garrett M. Lindsey in Support of Stipulation to Set Briefing Schedule and Set Hearing.” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/declaration-of-lindsey-in-support-of-stipulation-to-set-briefing-sched-114faf6446/, SHA-256 da3ab7b4beb5df90734459ef3ac21c7901af30335dfc73b498daa757576d5f20.

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Case 3:20-cv-04478-JD Document 62-2 Filed 07/29/20 Page1of3

XAVIER BECERRA
Attorney General of California
MICHAEL NEWMAN
Senior Assistant Attorney General
SARAH E. BELTON
Supervising Deputy Attorney General
REBEKAH A. FRETZ
JAMES F. ZAHRADKA II
GARRETT M. LINDSEY (SBN 293456)
Deputy Attorneys General
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Telephone: (213) 269-6402
E-mail: Garrett.Lindsey@do}.ca.gov
Attorneys for Plaintiff State of California

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

STATE OF MICHIGAN, STATE OF Case No. 3:20-cv-04478-JD
CALIFORNIA, et al.,
DECLARATION OF GARRETT M.
Plaintiffs, | LINDSEY IN SUPPORT OF
STIPULATION TO SET BRIEFING

v. SCHEDULE AND SET HEARING FOR
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION
ELISABETH D. DEVOS, in her official
capacity as the United States Secretary of Judge: Hon. James Donato

Education, and UNITED STATES Trial Date: —§ None set
DEPARTMENT OF EDUCATION, Action Filed: July 7, 2020
Defendants.

Lindsey Decl. in Supp. of Stip. to Set Briefing Sched. and Set Hearing (3:20-cv-04478-JD)
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Case 3:20-cv-04478-JD Document 62-2 Filed 07/29/20 Page 2 of 3

I, Garrett M. Lindsey, declare as follows:

1. Ihave personal knowledge of the facts set forth in this declaration. If called as a witness, I
could and would testify competently to the matters set forth below.

2. [ama Deputy Attorney General with the California Department of Justice, and am
counsel of record for Plaintiff the State of California in this matter.

3. In Plaintiffs’ motion for preliminary injunction (PI Motion) (ECF No. 35), Plaintiffs assert
a likelihood of success on numerous statutory and constitutional claims, contesting Defendants’
unlawful actions in promulgating guidance and regulations relating to public schools’ and state
educational entities’ funding of “equitable services” for private school students using moneys
appropriated by Congress to address the impact of the COVID-19 crisis on schools. Plaintiffs
contend that Defendants have violated separation of powers principles, the Spending Clause of
the U.S. Constitution, acted ultra vires and in excess of statutory authority in violation of the
Administrative Procedure Act (APA), acted in an arbitrary and capricious manner in further
violation of the APA, and failed to comply with the notice-and-comment requirements of
rulemaking in violation of the APA.

4. Inthe PI Motion, Plaintiffs assert that Plaintiffs, their schools, and their students face
imminent irreparable harm without a preliminary injunction. The PI Motion asserts that Plaintiffs
and their schools will either lose significant emergency COVID-19 pandemic response funding or
be significantly restricted in using those funds to respond to the challenges presented by the
pandemic. Plaintiffs submitted 15 declarations from state education agencies and local school
districts in support (ECF No. 35-2).

5. In the PI Motion, Plaintiffs assert that the balance of equities are in their favor and that an
injunction is in the public interest.

6. As described in the stipulation, the parties agreed to a modified briefing schedule to
accommodate the Defendants’ request to file their opposition on July 30. On July 20, the Court
ordered to the parties to proceed via an expedited briefing schedule (ECF No. 30), wherein the

opposition to the motion for preliminary injunction would be filed on July 29, and the reply in

Lindsey Decl. in Supp. of Stip. to Set Briefing Sched. and Set Hearing (3:20-cv-04478-JD)
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Case 3:20-cv-04478-JD Document 62-2 Filed 07/29/20 Page 3 of 3

support would be filed on August 3. The stipulated briefing schedule would delay filing of the
opposition by one day and delay filing of the reply by two days.

7. The parties further agreed to expedite the hearing date for Plaintiffs’ PI Motion to address
the imminent irreparable harm asserted by Plaintiffs. Quick resolution of Plaintiffs’ PI Motion is
imperative as the 2020-2021 school year commences in many school districts within the Plaintiff
Jurisdictions in August and clarity is needed to determine how CARES Act funding may be
expended to prepare for the school year.

8. The modified briefing schedule and expedited hearing date would not otherwise affect the
schedule for the case.

I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct.

Executed on July 29, 2020, at Los Angeles, California.

/s/ Garrett Lindsey
GARRETT LINDSEY
DEPUTY ATTORNEY GENERAL

Lindsey Decl. in Supp. of Stip. to Set Briefing Sched. and Set Hearing (3:20-cv-04478-JD)

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