Plaintiffs' Renotice of Motion for Preliminary Injunction — Michigan et al. v. DeVos (N.D. Cal.)

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Plaintiffs' Renotice of Motion for Preliminary Injunction in State of Michigan, State of California, et al. v. Elisabeth D. DeVos and the United States Department of Education, Case No. 3:20-cv-04478-JD, dated July 29, 2020. Plaintiffs move under Federal Rule of Civil Procedure 65 for a preliminary injunction prohibiting Defendants from imposing an equitable services requirement under Section 18005 of the CARES Act in a manner not wholly and explicitly described by Section 1117 of the Elementary and Secondary Education Act of 1965. It states the hearing has been reset for September 3rd, 2020 at 10am before Judge James Donato. It adds that the parties will file a joint stipulation to request a change to the hearing date.

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“Plaintiffs' Renotice of Motion for Preliminary Injunction — Michigan et al. v. DeVos (N.D. Cal.).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-for-preliminary-injunction-state-of-michigan-et-al-v-devos-no-3-4df0fcb1db/, SHA-256 ce8217ca6aa18c0b2399a0c7a6e583713c8d34dc5786e9a42903b1a1b6689205.

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Case 3:20-cv-04478-JD Document 61 Filed 07/29/20 Page 1 of 2

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.,

PLAINTIFFS’ RENOTICE OF MOTION

Plaintiffs, | FOR PRELIMINARY INJUNCTION
v. Date: September 3, 2020

Time: 10:00 AM

Judge: Hon. James Donato
ELISABETH D. DEVOS, in her official Trial Date: —§ None set

capacity as the United States Secretary of Action Filed: July 7, 2020
Education, and UNITED STATES
DEPARTMENT OF EDUCATION,

Defendants.

Pls.’ Re-Notice of Mot. for Prelim. Inj. (3:20-cv-4478-JD)
Case 3:20-cv-04478-JD Document 61 Filed 07/29/20 Page 2 of 2

RENOTICE OF MOTION FOR PRELIMINARY INJUNCTION

PLEASE TAKE NOTICE that Plaintiffs hereby move the Court under Federal Rule of Civil
Procedure 65 for entry of a preliminary injunction prohibiting Defendants from imposing or
enforcing an equitable services requirement under Section 18005 of the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act or Act) in a manner not wholly and explicitly described by
Section 1117 of the Elementary and Secondary Education Act of 1965 (ESEA). This motion is based
on this Re-Notice of Motion, the previously filed Notice of Motion and Motion (ECF No. 35), the

Memorandum of Points and Authorities (ECF No. 35), the accompanying declarations (ECF No. 35-

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2) and Request for Judicial Notice (RJN) (ECF No. 35-3), as well as the papers, evidence and

records on file, and any other written or oral evidence or arguments as may be presented.

The hearing has been reset for September 3rd, 2020 at 10am before the Honorable Judge

James Donato in the United States District for the Northern District of California. Plaintiffs and

Defendants will file a joint stipulation to request a change to this hearing date immediately.

Dated: July 29, 2020

Respectfully Submitted,

XAVIER BECERRA

Attorney General of California
MICHAEL L. NEWMAN

Senior Assistant Attorney General
SARAH E. BELTON

Supervising Deputy Attorney General

/s/ Garrett Lindsey

GARRETT LINDSEY

JAMES F. ZAHRADKA II

REBEKAH A. FRETZ

Deputy Attorneys General

Attorneys for Plaintiff State of California

DANA NESSEL

Attorney General of Michigan

FADWA A. HAMMOUD

Solicitor General

TONI L. HARRIS*

NEIL GIOVANATTI*

Assistant Attorneys General

Attorneys for Plaintiff State of Michigan
*Appearing Pro Hac Vice

Pls.’ Re-Notice of Mot. for Prelim. Inj. (3:20-cv-4478-JD)

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