Joint Status Report — Noerand v. DeVos (D. Mass., Doc. 24, August 21, 2020)
Summary
Joint Status Report in Farah Noerand v. Betsy DeVos and the United States Department of Education, No. 1:20-cv-11271-LTS, Document 24, filed 08/21/20, in the U.S. District Court for the District of Massachusetts. It states that Plaintiff's counsel was informed on August 20, 2020 that the Massachusetts Attorney General intends to file an action during the week of August 24, 2020 to enjoin the Interim Final Rule and to seek preliminary injunctive relief. The Parties propose that Defendant file a brief of not more than ten pages on the scope of the preliminary injunction by August 31, 2020, that Plaintiff respond with a brief of not more than seven pages by September 8, 2020, and that Defendant answer or move to dismiss the Complaint by September 8, 2020. It is dated August 21, 2020.
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“Joint Status Report — Noerand v. DeVos (D. Mass., Doc. 24, August 21, 2020).”
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Case 1:20-cv-11271-LTS Document 24 Filed 08/21/20 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
FARAH NOERAND,
Plaintiff,
No. 1:20-cv-11271-LTS
v.
BETSY DEVOS, in her official capacity as
Secretary of the United States Department of
Education,
And
THE UNITED STATES DEPARTMENT OF
EDUCATION
Defendants.
JOINT STATUS REPORT
Pursuant to the Court’s order of August 6, 2020, ECF# 22, the Parties submit this joint
status report regarding scheduling for the remainder of the case.
As noted in the Parties’ prior status report submitted August 5, 2020, ECF# 21,
undersigned counsel for Plaintiff was informed on August 4, 2020 that the Massachusetts
Attorney General was considering filing a related action seeking to enjoin the Interim Final Rule
on behalf of the Commonwealth of Massachusetts. After further discussion, on August 20, 2020,
undersigned counsel for Plaintiff was informed that the Massachusetts Attorney General intends
to file such an action during the week of August 24, 2020, and to seek preliminary injunctive
relief at the time of filing or shortly thereafter.
Because the Commonwealth will be situated differently from Plaintiff with respect to
moving for injunctive relief – and because Plaintiff has requested relief that would affect
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Case 1:20-cv-11271-LTS Document 24 Filed 08/21/20 Page 2 of 4
educational institutions across Massachusetts – the Parties believe that concerns of judicial
economy may counsel delaying a decision on the scope of the preliminary injunction at this time.
On the other hand, Defendant does not know what the Commonwealth will allege or when they
will file their lawsuit. To avoid delay, Defendant stands ready to file a brief on the scope of
injunctive relief by Monday, August 31, 2020, and either answer or move to dismiss the
Complaint by September 8, 2020, and can do so unless the Parties agree, after the
Commonwealth files its lawsuit, that it would make more sense to wait or take another action
based on what is alleged and requested by the Commonwealth. As such, the Parties propose:
1) Defendant will file a brief of not more than ten pages on the scope of the current
preliminary injunction by August 31, 2020, to which Plaintiff shall respond with a
brief of not more than seven pages by September 8, 2020, unless the parties decide to
propose a different schedule after the Commonwealth files it lawsuit;
2) Defendant will answer or move to dismiss the Complaint by September 8, 2020,
unless the parties decide to propose a different schedule after the Commonwealth files
it lawsuit; and
3) the Parties can assess the situation after the Commonwealth files its lawsuit and file
an additional motion to change this schedule if necessary.
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Case 1:20-cv-11271-LTS Document 24 Filed 08/21/20 Page 3 of 4
Respectfully submitted,
FARAH NOERAND
By her attorneys,
/s/ Rachel C. Hutchinson
Dean Richlin (Bar Roll No. 419200)
Jeremy W. Meisinger (Bar Roll No. 688283)
Rachel C. Hutchinson (Bar Roll No. 696739)
FOLEY HOAG LLP
155 Seaport Boulevard
Boston, Massachusetts 02210
Telephone: (617) 832-1000
Facsimile: (617) 832-7000
ehutchinson@foleyhoag.com
Iris Gomez (Bar Roll No. 201000)
Deirdre M. Giblin (Bar Roll No. 566547)
MASSACHUSETTS LAW REFORM INSTITUTE
40 Court Street, Suite 800
Boston, MA 02108
ELISABETH DEVOS, SECRETARY OF THE
UNITED STATES DEPARTMENT OF
EDUCATION, AND THE UNITED STATES
DEPARTMENT OF EDUCATION
By their attorney,
Andrew E. Lelling
United States Attorney
By:
Annapurna Balakrishna (Bar Roll No. 655051)
Assistant United States Attorney
United States Attorney’s Office
1 Courthouse Way – Suite 9200
Boston, MA 02210
Telephone: 617-748-3111
Annapurna.balakrishna@usdoj.gov
Dated: August 21, 2020
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Case 1:20-cv-11271-LTS Document 24 Filed 08/21/20 Page 4 of 4
Certificate of Service
I hereby certify that on August 21, 2020, I electronically transmitted the attached document
to the Clerk of the Court using the Electronic Case Filing System for filing. Based on the records
currently on file in this case, the Clerk will transmit a Notice of Electronic Filing to those registered
participants of the ECF System.
/s/ Rachel C. Hutchinson
Rachel C. Hutchinson
B5174226.1 4
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