Order, Oakley et al. v. DeVos, No. 4:20-cv-03215 (N.D. Cal.), Doc. 66 (April 12, 2021)

Summary

A Joint Status Report and Stipulated Request to Continue Holding Proceedings in Abeyance, captioned as an Order Granting Stipulated Request, in Eloy Ortiz Oakley, et al. v. Miguel Cardona, et al., Case No. 4:20-cv-3215-YGR, Document 66, in the U.S. District Court for the Northern District of California, filed April 12, 2021. The parties state that, following the change in Department leadership on January 20, 2021, the Department continues to work towards publishing a final rule or taking other action on issues raised in comments about the IFR. They request that proceedings continue in abeyance for an additional sixty days, followed by a joint status report. A [PROPOSED] ORDER APPROVING STIPULATION is included at the end.

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“Order, Oakley et al. v. DeVos, No. 4:20-cv-03215 (N.D. Cal.), Doc. 66 (April 12, 2021).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-oakley-et-al-v-devos-no-4-20-cv-03215-n-d-cal-doc-66-april-12-20-85cabea07f/, SHA-256 6b2fe3d71cc267e9a2ff5cab03e85fef7d3ebae35cdaaa6cc4d2b5b8aa537b14.

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Case 4:20-cv-03215-YGR Document 66 Filed 04/12/21 Page 1 of 5

1 BRIAN M. BOYNTON
Acting Assistant Attorney General
2 MARCIA BERMAN
Assistant Director, Federal Programs Branch
3
KATHRYN L. WYER (Utah Bar No. 9846)
4 M. ANDREW ZEE (California Bar No. 272510)
U.S. Department of Justice, Civil Division
5 1100 L Street, N.W., Room 12014
Tel. (202) 616-8475
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kathryn.wyer@usdoj.gov
7 Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT
9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
10 OAKLAND DIVISION

11 ELOY ORTIZ OAKLEY, in his official Case No. 4:20-cv-3215-YGR
capacity as Chancellor of California
12 Community Colleges et al., ORDER GRANTING STIPULATED
13 REQUEST TO CONTINUE HOLDING
Plaintiffs, PROCEEDINGS IN ABEYANCE
14 v.
Judge: Honorable Yvonne Gonzalez
15 MIGUEL CARDONA, in his official Rogers Trial Date: None Set
16 capacity as the United States Secretary of Action Filed: May 11, 2020
Education 1; U.S. DEPARTMENT OF Hearing date: [in abeyance]
17 EDUCATION,
18 Defendants.
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20 The parties respectfully submit this joint status report pursuant to the Court’s Order of

21 February 8, 2021, and further stipulate, and respectfully request, that the Court continue to hold

22 proceedings in this action in abeyance. The parties have conferred and report as follows:
23 Following the change in Department leadership on January 20, 2021, the Department
24 continues to work towards publishing a final rule or taking other action to address the issues
25 raised in comments submitted regarding the IFR at issue in this case. In light of the Department’s
26 continuing consideration, counsel for Defendants conferred with counsel for Plaintiffs, and the
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28 Pursuant to Fed. R. Civ. P. 25(d), Miguel Cardona is automatically substituted as a defendant in
this action.
Case No. 4:20-cv-3215-YGR
Joint Status Report and Stipulated Request to Continue Holding Proceedings in Abeyance
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Case 4:20-cv-03215-YGR Document 66 Filed 04/12/21 Page 2 of 5

1 Parties have agreed and jointly request that proceedings in this case be held in abeyance for an
2 additional sixty days. 2 The Parties further agree and propose that, at the end of this sixty-day
3 period, the Parties will file a joint status report apprising the Court of the status of the
4 Department’s consideration and whether the Parties wish to proceed with briefing cross-motions
5 for summary judgment, including, if applicable, a revised briefing schedule.
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The Parties thus respectfully request that the Court continue to hold proceedings in this
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action in abeyance and order the parties to file a joint status report no later than sixty days from
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the date of the Court’s order, apprising the Court of the status of the Department’s consideration
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and whether the Parties wish to proceed with briefing cross-motions for summary judgment,
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including, if applicable, a revised briefing schedule.
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Dated: April 9, 2021 Respectfully submitted,
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BRIAN M. BOYNTON
14 Acting Assistant Attorney General
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MARCIA BERMAN
16 Assistant Director, Federal Programs Branch

17 /s/ Kathryn L. Wyer
KATHRYN L. WYER (Utah Bar No. 9846)
18
M. ANDREW ZEE (California Bar No. 272510)
19 United States Department of Justice
Civil Division, Federal Programs Branch
20 1100 L Street, N.W., Room 12014
Washington, DC 20005
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Tel: (202) 616-8475
22 Email: kathryn.wyer@usdoj.gov
Attorneys for Defendants
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Dated: April 9, 2021 MATTHEW RODRIQUEZ
25 Acting Attorney General of California
CHERYL FEINER
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Three other pending cases, one in the Eastern District of Washington, and two in the District of
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Massachusetts, also challenging the IFR, have also been held in abeyance. See Washington v.
28 Cardona, No. 2:20-cv-182 (E.D. Wash.); Noerand v. Cardona, No. 1:20-cv-11271 (D. Mass.);
Massachusetts v. Cardona, No. 1:20-cv-11600 (D. Mass.).
Case No. 4:20-cv-3215-YGR
Joint Status Report and Stipulated Request to Continue Holding Proceedings in Abeyance
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Case 4:20-cv-03215-YGR Document 66 Filed 04/12/21 Page 3 of 5

MICHAEL NEWMAN
1
Senior Assistant Attorneys General
2 CHRISTINE CHUANG
Supervising Deputy Attorney General
3 JULIA HARUMI MASS
LEE I. SHERMAN
4
SHUBHRA SHIVPURI
5 JOSHUA SONDHEIMER

6 /s/
7 JASLEEN K. SINGH
Deputy Attorneys General
8 Attorneys for Plaintiffs Eloy Ortiz Oakley and
Board of Governors of the California Community
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Case No. 4:20-cv-3215-YGR
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Case 4:20-cv-03215-YGR Document 66 Filed 04/12/21 Page 4 of 5

ATTORNEY ATTESTATION
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2 Pursuant to Civil Local Rule 5-1(i)(3), I, Kathryn Wyer, hereby attest that concurrence in
3 the filing of this document has been obtained from any signatories indicated by a “conformed”
4 signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of
5 the United States of America that the foregoing is true and correct.
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Dated: April 9, 2021 /s/Kathryn Wyer
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Case No. 4:20-cv-3215-YGR
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Case 4:20-cv-03215-YGR Document 66 Filed 04/12/21 Page 5 of 5

[PROPOSED] ORDER APPROVING STIPULATION
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2 On April 9, 2021, the Parties filed a Joint Status Report and Stipulated Request to
3 Continue Holding Proceedings in Abeyance. Upon this submission and stipulation of the Parties,
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and good cause appearing, IT IS HEREBY ORDERED THAT proceedings in this action
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continue to be held in abeyance. The Parties shall file a Joint Status Report no later than June
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11, 2021, apprising the Court of the current status of the Department’s consideration; whether
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the Parties wish to proceed with briefing cross-motions for summary judgment; and, if
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applicable, proposing a revised briefing schedule.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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April 12, 2021
Dated: ________________ _____________________________________
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The Honorable Yvonne Gonzalez Rogers
14 United States District Judge
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Case No. 4:20-cv-3215-YGR
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