Extension of Time to File Answer, State of Washington v. DeVos (later v. Cardona), No. 2:20-cv-00182 (E.D. Wash.), Doc. 55 (July 20, 2020)

Summary

ECF No. 55, filed 07/20/20 in State of Washington v. Betsy DeVos, et al., Case No. 2:20-cv-00182-TOR, in the Eastern District of Washington at Spokane. Defendants' consent motion asks for a 40-day extension, to and including August 28, 2020, to respond to the complaint; the current deadline is July 20, 2020. It says this is the first such request and that Washington consented as part of an agreement under which defendants will file the administrative record by August 7, 2020. The stated reason is that the parties are negotiating a briefing schedule. Alexander V. Sverdlov, Trial Attorney, Civil Division, Federal Programs Branch, signs it.

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“Extension of Time to File Answer, State of Washington v. DeVos (later v. Cardona), No. 2:20-cv-00182 (E.D. Wash.), Doc. 55 (July 20, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/extension-of-time-to-file-answer-state-of-washington-v-devos-later-v-c-9e316c4d87/, SHA-256 86627c6084ea945b9374b19bf3a9bc0633a2d7a8752b6203976f509d20d4dfaa.

Full text

Case 2:20-cv-00182-TOR ECF No. 55 filed 07/20/20 PageID.936 Page 1 of 3

1 ETHAN P. DAVIS
Acting Assistant Attorney General
2 MARCIA BERMAN
3 Assistant Director, Federal Programs Branch
ALEXANDER V. SVERDLOV
4 (New York Bar No. 4918793)
Trial Attorney
5 U.S. Department of Justice
6 Civil Division, Federal Programs Branch
1100 L Street, NW
7 Tel. (202) 305-8550
alexander.v.sverdlov@usdoj.gov
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9 Attorneys for Defendants

10 IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
11 AT SPOKANE
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STATE OF WASHINGTON,
13 Case No. 2:20-cv-00182-TOR
Plaintiff,
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DEFENDANTS’ CONSENT MOTION
15 v. FOR AN EXTENSION OF TIME TO
RESPOND TO COMPLAINT
16 BETSY DEVOS, et al.,
NOTED FOR: August 19, 2020
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Defendants. Without Oral Argument
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Pursuant to Rule 6(b) of the Federal Rules of Civil Procedure and Rule 7 of the Court’s
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local rules, Defendants, Betsy DeVos, in her official capacity as Secretary of the United States
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Department of Education, and the United States Department of Education (the Department),
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respectfully request a 40-day extension of time, to and including August 28, 2020, to respond to
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Plaintiff’s complaint. The current deadline for that response is July 20, 2020. This is Defendants’
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first request for an extension of time for this purpose. Undersigned counsel conferred with counsel
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for Plaintiff, the State of Washington (Washington), about this request via e-mail; Washington
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consented to this extension as part of an agreement the parties reached pursuant to which
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Defendants will file the administrative record in this matter by August 7, 2020.
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DEFENDANTS’ CONSENT MOTION FOR AN EXTENSION OF TIME TO RESPOND TO COMPLAINT
Case No. 2:20-cv-00182-TOR

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Case 2:20-cv-00182-TOR ECF No. 55 filed 07/20/20 PageID.937 Page 2 of 3

1 This extension is necessary because the parties are continuing to negotiate an appropriate
2 briefing schedule for the resolution of this case. Depending on the outcome of those negotiations,
3 the parties may agree to fold Defendants’ response to the complaint into a broader summary-
4 judgement schedule, or otherwise defer that response pending summary judgment briefing. For
5 the same reasons, because this case presents only legal issues—which have already been
6 significantly developed through the parties’ briefs—a delay in responding to the complaint will
7 not be prejudicial to Washington.
8 Accordingly, Defendants respectfully request that the Court grant this extension.
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DATED: July 20, 2020 Respectfully submitted,
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ETHAN P. DAVIS
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Acting Assistant Attorney General
13 MARCIA BERMAN
Assistant Director, Federal Programs Branch
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/s/ Alexander V. Sverdlov
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ALEXANDER V. SVERDLOV
16 (New York Bar No. 4918793)
Trial Attorney
17 U.S. Department of Justice
18 Civil Division, Federal Programs Branch
1100 L Street, NW
19 Tel. (202) 305-8550
alexander.v.sverdlov@usdoj.gov
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21 Attorneys for Defendants

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DEFENDANTS’ CONSENT MOTION FOR AN EXTENSION OF TIME TO RESPOND TO COMPLAINT
Case No. 2:20-cv-00182-TOR

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Case 2:20-cv-00182-TOR ECF No. 55 filed 07/20/20 PageID.938 Page 3 of 3

1 CERTIFICATE OF SERVICE
2 I hereby certify that on the 20th day of July, 2020, I electronically transmitted the foregoing
3 document to the Clerk of Court using the ECF System for filing.
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5 /s/ Alexander V. Sverdlov
ALEXANDER V. SVERDLOV
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DEFENDANTS’ CONSENT MOTION FOR AN EXTENSION OF TIME TO RESPOND TO COMPLAINT
Case No. 2:20-cv-00182-TOR

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