Extension of Time-Other, State of Washington v. DeVos, No. 2:20-cv-01119 (W.D. Wash.), Doc. 18 (July 27, 2020)

Summary

Defendants' motion for an extension of time to respond to Plaintiff's Motion for Preliminary Injunction in State of Washington v. Betsy DeVos and the United States Department of Education, Case No. C20-01119-BJR, in the U.S. District Court for the Western District of Washington at Seattle, Document 18, filed July 27, 2020. The defendants ask the court to extend the response deadline an additional two weeks, until August 13, 2020, and to reset the oral argument. The motion states that plaintiff's counsel declined to agree to that date but will consent to a deadline of Monday at 10:00 a.m. It recites that the complaint was filed July 20, 2020 and the preliminary injunction motion on July 23, 2020. The motion is signed s/ Kristin B. Johnson, Assistant United States Attorney.

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“Extension of Time-Other, State of Washington v. DeVos, No. 2:20-cv-01119 (W.D. Wash.), Doc. 18 (July 27, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/extension-of-time-other-state-of-washington-v-devos-no-2-20-cv-01119-w-5a2e8cb7aa/, SHA-256 ddb12c674010aee92e6462f1265ec472f6a0c4318545f4b6a9d3e86f7f335a67.

Full text

Case 2:20-cv-01119-BJR Document 18 Filed 07/27/20 Page 1 of 5

1 The Honorable Barbara J. Rothstein

7
UNITED STATES DISTRICT COURT
8 WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
9
STATE OF WASHINGTON, Case No. C20-01119-BJR
10
Plaintiff, DEFENDANTS’ MOTION FOR
11 v. EXTENSION OF TIME TO RESPOND TO
PLAINTIFF’S MOTION FOR
12 BETSY DeVOS, in her official capacity as PRELIMINARY INJUNCTION
Secretary of the United States Department of
13 Education; and the UNITED STATES
DEPARTMENT OF EDUCATION, a federal
14 agency.

15 Defendants.

16 COMES NOW Defendants, by and through their counsel, Brian T. Moran, United States

17 Attorney for the Western District of Washington, and Kristin B. Johnson, Assistant United

18 States Attorney for said District, pursuant to Local Civil Rule 7(j), and this Court’s Standing

19 Order For All Civil Cases (Dkt. 15), and hereby respectfully requests that the Court extend the

20 deadline for Defendants to respond to Plaintiff’s Motion for Preliminary Injunction an

21 additional two weeks, until August 13, 2020, consistent with the Court’s Standing Order For All

22 Civil Cases, and reset the oral argument.

23 //

24 //

DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION – 1
SEATTLE, WASHINGTON 98101
(C20-01119-BJR) (206) 553-7970
Case 2:20-cv-01119-BJR Document 18 Filed 07/27/20 Page 2 of 5

1 CERTIFICATION OF CONFERRAL

2 Pursuant to the Court’s Standing Order For All Civil Cases, Defendants certify that they

3 conferred with Plaintiff’s counsel on July 27, 2020, regarding Defendants’ Motion for

4 Extension of Time to Respond to Plaintiff’s Motion for Preliminary Injunction. Plaintiff’s

5 counsel declined to agree to Defendants’ requested extension until August 13, 2020, but will

6 consent to an extension of Defendants’ response to a deadline of Monday at 10:00 a.m.

7 FACTS

8 Plaintiff filed a Complaint for Declaratory and Injunctive Relief on July 20, 2020,

9 seeking to challenge action taken by the U.S. Department of Education (“DOE”) under the

10 Administrative Procedures Act (“APA”). Dkt. 1. On July 23, 2020, Plaintiff filed a Motion for

11 Preliminary Injunction seeking to enjoin Defendants from implementing or enforcing the

12 challenged DOE action. Dkt. 8-13. Plaintiff noted the motion for consideration on August 14,

13 2020 pursuant to Local Civil Rule 7(d)(3) (motions seeking a preliminary injunction shall be

14 noted for consideration on a date no earlier than the fourth Friday after filing and service of the

15 motion). Dkt. 8.

16 Plaintiff served the Motion for Preliminary Injunction on the United States Attorney’s

17 Office at 4:33 p.m. on July 23, 2020. Due to the heightened possibility of unrest in the Seattle

18 area, employees of the United States Attorney’s Office were not allowed to access the Seattle

19 courthouse building beginning at 8:00 a.m. on July 24, 2020 through 8:00 a.m. on July 27,

20 2020. The undersigned did not receive a copy of Plaintiff’s Motion for Preliminary Injunction

21 until this morning, July 27, 2020.

22 On July 24, 2020, this Court issued a Standing Order For All Civil Cases. Dkt. 15. The

23 Court also issued a Minute Order directing Defendants to respond to Plaintiff’s Motion for

DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION – 2
SEATTLE, WASHINGTON 98101
(C20-01119-BJR) (206) 553-7970
Case 2:20-cv-01119-BJR Document 18 Filed 07/27/20 Page 3 of 5

1 Preliminary Injunction no later than Thursday, July 30, 2020, and scheduling oral argument for

2 10:00am PST on Tuesday, August 4, 2020. Dkt. 16.

3 AUTHORITY

4 Pursuant to Local Civil Rule 7(j) motions for relief from a deadline should, whenever

5 possible, be filed sufficiently in advance of the deadline to allow the court to rule on the motion

6 prior to the deadline. LCR 7(j). Pursuant to this Court’s Standing Order For All Civil Cases:

7 Motions for extensions of time are discouraged and will be granted only where
good cause is clearly evident. Accordingly, parties should not expect the Court
8 to grant extensions even if they are unopposed, absent the necessary showing.
Press of business in other matters ordinarily does not evidence good cause.
9
Motions for extensions of time should be filed at least three (3) business days in
10 advance of the expiration of the relevant deadline. Any opposition must be filed
within two (2) business days of the motion. Untimely motions or responsive
11 pleadings may be summarily denied, stricken, or ignored.

12 Dkt. 15, pg. 3.

13 Also pursuant to this Court’s Standing Order For All Civil Cases:

14 The Court does not use noting dates for motions; parties SHALL NOT set noting
dates when filing a motion. Instead, any opposition to a motion shall be filed no
15 later than TWENTY−ONE (21) days after a motion is filed. Any reply in support
of a motion shall be filed no later than FOURTEEN (14) days after an opposition
16 has been filed. These deadlines apply to all motions.

17 Dkt. 15, pg. 2.

18 ARGUMENT

19 Defendants respectfully request that the Court extend the deadline for Defendants to

20 respond to Plaintiff’s Motion for Preliminary Injunction to August 13, 2020, consistent with the

21 deadlines contemplated for all motions in the Court’s Standing Order For All Civil Cases, and

22 reset the oral argument. Due to the late service of the motion, and the closure of the U.S.

23 Attorney’s Office, the undersigned did not receive the motion until this morning. Defendants

DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION – 3
SEATTLE, WASHINGTON 98101
(C20-01119-BJR) (206) 553-7970
Case 2:20-cv-01119-BJR Document 18 Filed 07/27/20 Page 4 of 5

1 are unable to prepare a thorough response to the 35-page Motion for Preliminary Injunction in

2 just four days’ time.

3 Plaintiff’s complaint seeks to challenge an interim final rule issued by DOE. The U.S.

4 Attorney’s Office will need to coordinate with the DOE and the Department of Justice’s Civil

5 Division on this case. Indeed, there are two other lawsuits challenging the same DOE action

6 currently pending in other districts. See State of Michigan, et. al. v. Betsy DeVos, et. al., 20-

7 4478-JD, District Court for the Northern District of California; NAACP, et. al. v. Elizabeth

8 DeVos, et. al., 20-1996-DLF, District Court for the District of Columbia.

9 Notably, Plaintiff did not bring a motion for a temporary restraining order under Local

10 Civil Rule 65(b) alleging immediate and irreparable injury, loss, or damage. Rather, Plaintiff

11 seeks to obtain a preliminary injunction under the Ninth Circuit’s irreparable harm standard and

12 appropriately noted the motion for consideration on August 14, 2020, under Local Civil Rule

13 7(d)(3), prior to this case being reassigned. Dkt. 8, pg. 16. There is no request before the Court

14 to schedule Plaintiff’s motion on an expedited briefing schedule.

15 Defendants would like to present the Court with accurate and comprehensive

16 information and analysis regarding DOE’s actions to assist it in ruling on Plaintiff’s Motion for

17 Preliminary Injunction. However, based on the nature of the allegations in the complaint, as

18 well as the timing of service of the motion, Defendants need additional time to do so.

19 WHEREFORE good cause exists to extend the deadline and Defendants respectfully

20 request that the Court extend the deadline for Defendants to respond to Plaintiff’s motion for

21 preliminary injunction an additional two weeks, until August 13, 2020, consistent with the

22 Court’s Standing Order For All Civil Cases, and reset the oral argument.

23 //

DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION – 4
SEATTLE, WASHINGTON 98101
(C20-01119-BJR) (206) 553-7970
Case 2:20-cv-01119-BJR Document 18 Filed 07/27/20 Page 5 of 5

1 RESPECTFULLY SUBMITTED this 27th day of July, 2020.

2
Respectfully submitted,
3
BRIAN T. MORAN
4 United States Attorney

5 s/ Kristin B. Johnson .
KRISTIN B. JOHNSON, WSBA #28189
6 Assistant United States Attorney
United States Attorney=s Office
7 700 Stewart Street, Suite 5220
Seattle, Washington 98101-1271
8 Phone: 206-553-7970
Fax: 206-553-4067
9 E-mail: kristin.b.johnson@usdoj.gov
Attorney for Defendants
10

DEFENDANTS’ MOTION FOR EXTENSION OF TIME TO RESPOND UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION – 5
SEATTLE, WASHINGTON 98101
(C20-01119-BJR) (206) 553-7970

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