Notice of Pendency of Other Action, State of Washington v. DeVos, No. 2:20-cv-01119 (W.D. Wash.), Doc. 23 (July 29, 2020)

Summary

A Notice of Pendency of Other Actions filed July 29, 2020 as Document 23 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 State of Michigan, et al. v. DeVos, et al., No. 3:20-cv-04478, in the Northern District of California, and National Association for the Advancement of Colored People, et al. v. DeVos, et al., No. 1:20-cv-01996, in the District of Columbia. Each suit challenges the Department's interim final rule of July 1, 2020 on funding of services under section 18005 of the CARES Act. For each, Washington submits that transfer under 28 U.S.C. § 1407 should not be effected.

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“Notice of Pendency of Other Action, State of Washington v. DeVos, No. 2:20-cv-01119 (W.D. Wash.), Doc. 23 (July 29, 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-b926fd92c7/, SHA-256 1528a8c043e7bf5d2abd31d24ea38648070a23e942c3e418ca1fc7b2bd698e72.

Full text

Case 2:20-cv-01119-BJR Document 23 Filed 07/29/20 Page 1 of 3

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 ACTIONS
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

16 Pursuant to LCR 3(h), Plaintiff State of Washington submits this Notice of Pendency of

17 Other Actions.

18 1. State of Michigan, et al. v. DeVos, et al.,
No. 3:20-cv-04478
19 (United States District Court for the Northern District of California)
20 Michigan v. DeVos is an action brought by Michigan, California, the District of

21 Columbia, Maine, New Mexico, and Wisconsin against Secretary DeVos and the Department of

22 Education (Department). It was filed on July 7, 2020. The plaintiffs challenge the Department’s

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

24 CARES Act. The plaintiffs seek declaratory and injunctive relief based on claims of

25 constitutional violations, ultra vires action, and violations of the Administrative Procedure Act.

NOTICE OF PENDENCY OF OTHER 1 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
ACTIONS 800 5th Avenue, Suite 2000
NO. 2:20-CV-01119-BJR Seattle, WA 98104-3188
(206) 474-7744
Case 2:20-cv-01119-BJR Document 23 Filed 07/29/20 Page 2 of 3

1 On July 20, 2020, the plaintiffs filed a motion for preliminary injunction, which was set to be
2 heard on August 24, 2020. See Dkt. 35.
3 None of the plaintiffs in Michigan v. DeVos are included in Washington’s case before
4 this Court. The plaintiffs raise an ultra vires claim that is not raised here.
5 Washington submits that transfer should not be effected pursuant to 28 U.S.C. § 1407
6 (Multi District Litigation Procedures). Transfer of this proceeding to a different jurisdiction
7 would inconvenience the parties and witnesses (who all, for Washington, reside in this Court’s
8 jurisdiction). Given the urgent relief sought and the approaching hearing on Washington’s
9 motion for preliminary injunction (scheduled for August 10, 2020), Dkts. 8, 22, which precedes
10 the hearing date on the motion for preliminary injunction in Michigan v. DeVos (scheduled for
11 August 24, 2020), transfer would likely unduly delay the relief that Washington seeks.
12 Coordination between the actions would not avoid conflicts, conserve resources, or promote a
13 just or efficient determination of the action pending before this Court.
14 National Association for the Advancement of Colored People, et al. v. DeVos,
et al.,
15 No. 1:20-cv-01996, (United States District Court for the District of
Columbia)
16

17 NAACP v. DeVos is an action brought by the NAACP, various public school children
18 and their parents, and three public school districts against Secretary DeVos and the Department.
19 It was filed on July 22, 2020. The plaintiffs challenge the Department’s interim final rule of
20 July 1, 2020, relating to the funding of services under section 18005 of the CARES Act. The
21 plaintiffs seek declaratory and injunctive relief based on claimed violations of the Constitution
22 and the Administrative Procedure Act.
23 None of the plaintiffs in NAACP v. DeVos are included in Washington’s case before this
24 Court. Moreover, none of the plaintiffs are states or direct recipients of emergency funding under
25 sections 18002 or 18003 of the CARES Act.
26

NOTICE OF PENDENCY OF OTHER 2 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
ACTIONS 800 5th Avenue, Suite 2000
NO. 2:20-CV-01119-BJR Seattle, WA 98104-3188
(206) 474-7744
Case 2:20-cv-01119-BJR Document 23 Filed 07/29/20 Page 3 of 3

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, reside in this Court’s
4 jurisdiction). Given the urgent relief sought and the approaching hearing on Washington’s
5 motion for preliminary injunction (scheduled for August 10, 2020), Dkts. 8, 22, and the lack of
6 a pending motion for preliminary injunction in NAACP v. DeVos, transfer would likely unduly
7 delay the relief that Washington seeks. Coordination between the actions would not avoid
8 conflicts, conserve resources, or promote a just or efficient determination of the action pending
9 before this Court.
10 DATED this 29th day of July, 2020.
11 ROBERT W. FERGUSON
Attorney General
12

13 s/ Paul M. Crisalli
PAUL M. CRISALLI, WSBA No. 40681
14 SPENCER W. COATES, WSBA No. 49683
JEFFREY T. SPRUNG, WSBA No. 23607
15 R. JULY SIMPSON, WSBA No. 45869
Assistant Attorneys General
16 paul.crisalli@atg.wa.gov
spencer.coates@atg.wa.gov
17 jeff.sprung@atg.wa.gov
july.simpson@atg.wa.gov
18 Attorneys for Plaintiff State of Washington
19

NOTICE OF PENDENCY OF OTHER 3 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
ACTIONS 800 5th Avenue, Suite 2000
NO. 2:20-CV-01119-BJR Seattle, WA 98104-3188
(206) 474-7744

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