Notice of Pendency of Other Action, State of Washington v. DeVos, No. 2:20-cv-01119 (W.D. Wash.), Doc. 53 (August 17, 2020)

Summary

A Notice of Pendency of Other Action filed August 17, 2020 as Document 53 in State of Washington v. Betsy DeVos and the United States Department of Education, No. 2:20-cv-01119-BJR, in the United States District Court, Western District of Washington at Seattle. Pursuant to LCR 3(h), Plaintiff State of Washington identifies Council of Parent Attorneys and Advocates, Inc. v. DeVos, et al., No. 1:20-cv-02310, in the District of Maryland, which the notice says was filed August 10, 2020 and challenges the Department's interim final rule of July 1, 2020 on funding of services under section 18005 of the CARES Act. Washington submits that transfer under 28 U.S.C. § 1407 should not be effected. It carries the s/ signature of Paul M. Crisalli.

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“Notice of Pendency of Other Action, State of Washington v. DeVos, No. 2:20-cv-01119 (W.D. Wash.), Doc. 53 (August 17, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/notice-of-pendency-of-other-action-state-of-washington-v-devos-no-2-20-0eb699cea1/, SHA-256 40fec59d82052260067690b3f17bae70055dfae93d39d916022affd0e1bcc1da.

Full text

Case 2:20-cv-01119-BJR Document 53 Filed 08/17/20 Page 1 of 2

1 The Honorable Barbara J. Rothstein
2

6 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
7 AT SEATTLE
8 STATE OF WASHINGTON, NO. 2:20-cv-01119-BJR
9 Plaintiff, NOTICE OF PENDENCY OF
OTHER ACTION
10 v.
11 BETSY DeVOS, in her official capacity as
Secretary of the United States Department of
12 Education; and the UNITED STATES
DEPARTMENT OF EDUCATION, a federal
13 agency,
14 Defendants.
15
Pursuant to LCR 3(h), Plaintiff State of Washington submits this Notice of Pendency of
16
Other Action.
17
Council of Parent Attorneys and Advocates, Inc. v. DeVos, et al., No. 1:20-cv-02310
18 (United States District Court for the District of Maryland)
19 On August 10, 2020, the Council of Parent Attorneys and Advocates, Inc. (COPAA) filed

20 a lawsuit against Secretary DeVos and the Department of Education (Department) in the United

21 States District Court for the District of Maryland. The plaintiff challenges the Department’s

22 interim final rule of July 1, 2020, relating to the funding of services under section 18005 of the

23 CARES Act. The plaintiff seeks declaratory and injunctive relief based on violations of the

24 Administrative Procedure Act. The plaintiff does not raise constitutional claims.

25 COPAA is not a plaintiff in Washington’s case before this Court, and COPAA is not a

26 direct recipient of emergency funding under sections 18002 or 18003 of the CARES Act.

NOTICE OF PENDENCY OF OTHER 1 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
ACTION 800 5th Avenue, Suite 2000
NO. 2:20-cv-01119-BJR Seattle, WA 98104-3188
(206) 464-7744
Case 2:20-cv-01119-BJR Document 53 Filed 08/17/20 Page 2 of 2

1 Washington submits that transfer should not be effected pursuant to 28 U.S.C. § 1407
2 (Multi District Litigation Procedures). Transfer of this proceeding to a different jurisdiction
3 would inconvenience the parties and witnesses, who all, for Washington’s case, reside in this
4 Court’s jurisdiction. Given the more advanced procedural posture in this case (i.e., briefing has
5 been completed and a hearing has been held on Washington’s motion for preliminary injunction),
6 and the fact that COPAA has not yet moved for a preliminary injunction, transfer would unduly
7 delay Washington’s case. Coordination between the actions would not avoid conflicts, conserve
8 resources, or promote a just or efficient determination of the action pending before this Court.
9 DATED this 17th day of August, 2020.
10 ROBERT W. FERGUSON
Attorney General
11

12 s/ Paul M. Crisalli
PAUL M. CRISALLI, WSBA #40681
13 SPENCER W. COATES, WSBA #49683
JEFFREY T. SPRUNG, WSBA #23607
14 R. JULY SIMPSON, WSBA #45869
BRIAN H. ROWE, Pro Hac Vice
15 Assistant Attorneys General
paul.crisalli@atg.wa.gov
16 spencer.coates@atg.wa.gov
jeff.sprung@atg.wa.gov
17 july.simpson@atg.wa.gov
brian.rowe@atg.wa.gov
18 Attorneys for Plaintiff State of Washington
19

NOTICE OF PENDENCY OF OTHER 2 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
ACTION 800 5th Avenue, Suite 2000
NO. 2:20-cv-01119-BJR Seattle, WA 98104-3188
(206) 464-7744

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