Leave to File Document, State of Washington v. DeVos, No. 2:20-cv-01119 (W.D. Wash.), Doc. 26 (July 31, 2020)

Summary

Motion of the Council of the Great City Schools for leave to file an amicus curiae brief in support of Plaintiff's motion for preliminary injunction in State of Washington v. DeVos, No. 2:20-cv-01119-BJR, before the Honorable Barbara J. Rothstein. The Council also asks for leave for the brief to exceed the page limits of the Standing Order by nine pages. The motion describes the Council as a coalition of 76 of the nation's largest urban public school systems, founded in 1956 and incorporated in 1961. It states that member districts have a combined enrollment of over 8.2 million students.

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“Leave to File Document, State of Washington v. DeVos, No. 2:20-cv-01119 (W.D. Wash.), Doc. 26 (July 31, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/leave-to-file-document-state-of-washington-v-devos-no-2-20-cv-01119-w-20a717c8bb/, SHA-256 dab55e8bebf3b45c16395891486ceac57aa82b66525e80b4a0ceb60cfa009b06.

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Case 2:20-cv-01119-BJR Document 26 Filed 07/31/20 Page 1 of 6

1 HONORABLE BARBARA J. ROTHSTEIN

7 UNITED STATES DISTRICT COURT
8 WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
9

10 STATE OF WASHINGTON,
No. 2:20-cv-01119-BJR
11 Plaintiff,
12 v. MOTION OF THE COUNCIL OF THE
GREAT CITY SCHOOLS FOR LEAVE
13 BETSY D. DeVOS, in her official capacity as TO FILE AMICUS CURIAE BRIEF IN
the United States Secretary of Education, and SUPPORT OF PLAINTIFF’S MOTION
14 UNITED STATES DEPARTMENT OF FOR PRELIMINARY INJUNCTION
EDUCATION, AND IN EXCESS OF APPLICABLE
15
PAGE LIMITATIONS
16 Defendants.

17
The Council of the Great City Schools (hereinafter the “Council”) respectfully moves for
18
leave to file the attached amicus curiae brief in support of Plaintiff’s motion for preliminary
19

20 injunction and leave for the filed brief to exceed the page limits of the Court’s Standing Order for

21 All Civil Cases by nine pages.
22 The Council is a coalition of 76 of the nation’s largest urban public school systems, and is
23
the only national organization exclusively representing the needs of urban public schools. Founded
24
in 1956 and incorporated in 1961, the Council serves as the national voice for urban educators and
25
provides a forum to share best practices. The Council is composed of school districts with
26

27 enrollments greater than 35,000 students located in cities with a population exceeding 250,000.

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
AND IN EXCESS OF APPLICABLE PAGE SUITE 2000
SEATTLE, WASHINGTON 98101-3404
LIMITATIONS - 1 TELEPHONE: (206) 245.1700
Case No. 2:20-cv-01119-BJR FACSIMILE: (206) 245.1750
Case 2:20-cv-01119-BJR Document 26 Filed 07/31/20 Page 2 of 6

1 Districts located in the largest city of any state are also eligible for membership, based on urban

2 characteristics. The Council’s member districts have a combined enrollment of over 8.2 million
3
students. Headquartered in Washington, D.C., the Council promotes urban education through
4
research, instruction, management, technology, legislation, communications, and other special
5
projects.
6
The Council has prepared the attached brief because its members and the students that they
7

8 serve will be harmed by the implementation of the interim final rule adopted by the U.S.

9 Department of Education (the “Department”) on July 1, 2020. See CARES Act Program; Equitable
10 Services to Students and Teachers in Non-Public Schools, 85 Federal Register, 39,479 (July 1,
11
2020) (the “Rule”). If this Rule stands, the Department would illegally divert millions of dollars
12
allocated under the CARES Act, H.R. 748 116th Cong., 20 U.S.C. § 3401 note (2020), from public
13
schools serving millions of low-income children to private schools, regardless of the affluence or
14

15 financial need of their students. This unlawful diversion would have devastating consequences for

16 public school districts struggling to re-open safely and for the students they are trying to protect.

17 The attached brief explains the nature and scope of the harm inflicted by the Department on public
18 school districts and students by its arbitrary and capricious actions.
19
District courts have “broad discretion” to appoint amicus curiae. Skokomish Indian Tribe
20
v. Goldmark, No. C13-5071JLR, 2013 WL 5720053, at *1 (W.D. Wash. Oct. 21, 2013) (quoting
21
Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th Cir. 1982)). “District courts frequently welcome amicus
22

23 briefs from non-parties ‘concerning legal issues that have potential ramifications beyond the

24 parties directly involved or if the amicus has unique information or perspective that can help the

25 court beyond the help that the lawyers for the parties are able to provide.’” Chong Yim v. City of
26
Seattle, 2018 WL 5825965 at *1 (W.D. Wash. Nov. 7, 2018) (quoting Skokomish Indian Tribe,
27

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
AND IN EXCESS OF APPLICABLE PAGE SUITE 2000
SEATTLE, WASHINGTON 98101-3404
LIMITATIONS - 2 TELEPHONE: (206) 245.1700
Case No. 2:20-cv-01119-BJR FACSIMILE: (206) 245.1750
Case 2:20-cv-01119-BJR Document 26 Filed 07/31/20 Page 3 of 6

1 2013 WL 5720053 at *1 (internal quotation omitted)). The “classic role” of amicus curiae is to

2 “assist[] in a case of general public interest, supplement[] the efforts of counsel, and draw[] the
3
court's attention to law that escaped consideration.” Miller-Wohl Co. v. Comm'r of Labor & Indus.
4
State of Mont., 694 F.2d 203, 204 (9th Cir. 1982). This Court has authorized the filing of amicus
5
briefs in cases that, like this one, concern issues of public importance and raise constitutional questions.
6
See e.g., Mitchell v. Atkins, No. 3:19-cv-5106, Dkt. 109, 110 (W.D. Wash. June 30, 2020) (granting
7
third-party advocacy groups’ motions for leave to file amicus briefs concerning gun violence
8

9 prevention); Rynearson v. Ferguson, No. 17-cv-05531, Dkt. 51 (W.D. Wash. Oct. 19, 2018) (same

10 concerning First Amendment issues); Hopper v. Melendez, No. 05-cv-5680, Dkt. 182 (W.D. Wash.

11 Oct. 23, 2007) (same concerning right to counsel in immigration proceedings).
12 There is good reason for the Court to exercise its discretion here to permit the Council to file
13
the attached amicus brief. Counsel for the proposed amicus curiae are familiar with the scope of the
14
arguments presented by the parties and will not unduly repeat those arguments. Rather, the Council
15
will draw upon its knowledge of the legislative process and the educational system as well as its
16
members’ experience in school communities nationwide to underscore the Rule’s unlawfulness and
17
demonstrate the on-going and irreparable harm the Department’s actions, including the Rule, have
18

19 caused and will continue to cause unless enjoined by the Court.

20 In light of the range and complexity of issues to be addressed and the high stakes for the

21 Council and its members, in addition to the parties, good cause exists to extend the page limits for
22 the attached amicus brief to 24 pages. The Court already has recognized the complexity and
23
importance of this case by granting Plaintiff leave to file a brief 24 pages in length. Because of the
24
urgent need for the parties and other stakeholders, like the Council, to address the matters raised
25
in the Plaintiff’s motion, the Council has prepared the attached brief.
26

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
AND IN EXCESS OF APPLICABLE PAGE SUITE 2000
SEATTLE, WASHINGTON 98101-3404
LIMITATIONS - 3 TELEPHONE: (206) 245.1700
Case No. 2:20-cv-01119-BJR FACSIMILE: (206) 245.1750
Case 2:20-cv-01119-BJR Document 26 Filed 07/31/20 Page 4 of 6

1 Finally, the Council, through its counsel, has consulted with the Plaintiff, who consents to

2 the filing of this brief. The Council has conferred with counsel for the Defendants who requested
3
that the Council file its motion before they would decide whether or not to consent. For these
4
reasons, the motion for leave to file the attached amicus curiae brief and for leave to file a brief 24
5
pages in length should be granted.
6
DATED this 31st day of July, 2020.
7

8 PACIFICA LAW GROUP, LLP

9 By s/Gregory J. Wong
Gregory J. Wong, WSBA # 39329
10 1191 Second Avenue
Suite 2000
11
Seattle, Washington 98101-3404
12 Telephone: (206) 245-1700
Greg.Wong@pacificalawgroup.com
13

14 HUSCH BLACKWELL LLP
15
John W. Borkowski (IL Bar No. 6320147)
16 Mary Deweese (IL Bar No. 6326512)
Pro hac vice motion forthcoming
17 120 South Riverside Plaza, Suite 2200
Chicago, Illinois 60606
18 Phone: (312) 526-1538
19 Fax: (312) 655-1501
john.borkowski@huschblackwell.com
20 mary.deweese@huschblackwell.com

21 Paige Duggins-Clay (TX Bar No. 24105825)
Pro hac vice motion forthcoming
22 111 Congress Avenue, Suite 1400
23 Austin, Texas 78701
Phone: (512) 472-5456
24 Fax: (512) 479-1101
scott.schneider@huschblackwell.com
25 paige.duggins-clay@huschblackwell.com
26
Aleksandra O. Rushing (MO Bar No. 68304)
27 Shmuel B. Shulman (MO Bar No. 71175)

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
AND IN EXCESS OF APPLICABLE PAGE SUITE 2000
SEATTLE, WASHINGTON 98101-3404
LIMITATIONS - 4 TELEPHONE: (206) 245.1700
Case No. 2:20-cv-01119-BJR FACSIMILE: (206) 245.1750
Case 2:20-cv-01119-BJR Document 26 Filed 07/31/20 Page 5 of 6

1 Pro hac vice motions forthcoming
190 Carondelet Plaza, Suite 600
2 St. Louis, Missouri 63141
Phone: (314) 345-6275
3
Fax: (314) 480-1505
4 aleks.rushing@huschblackwell.com
shmuli.shulman@huschblackwell.com
5

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
AND IN EXCESS OF APPLICABLE PAGE SUITE 2000
SEATTLE, WASHINGTON 98101-3404
LIMITATIONS - 5 TELEPHONE: (206) 245.1700
Case No. 2:20-cv-01119-BJR FACSIMILE: (206) 245.1750
Case 2:20-cv-01119-BJR Document 26 Filed 07/31/20 Page 6 of 6

1 CERTIFICATE OF SERVICE

2 I hereby certify that on this 31st day of July, 2020, I electronically filed the foregoing
3
document with the United States District Court ECF system, which will send notification of such
4
filing to all counsel of record.
5
Dated this 31st day of July, 2020.
6
s/ Thien Tran
7
Thien Tran, Paralegal/Legal Assistant
8

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
AND IN EXCESS OF APPLICABLE PAGE SUITE 2000
SEATTLE, WASHINGTON 98101-3404
LIMITATIONS - 6 TELEPHONE: (206) 245.1700
Case No. 2:20-cv-01119-BJR FACSIMILE: (206) 245.1750

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