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Proposed Order Granting Plaintiffs Motion for Preliminary Injunction, Oakley et al. v. DeVos, No. 4:20-cv-03215 (N.D. Cal.), Doc. 16-1 (May 13, 2020)

Summary

A proposed order granting Plaintiffs' motion for preliminary injunction in Oakley et al. v. DeVos, No. 4:20-cv-03215-YGR, in the U.S. District Court for the Northern District of California, Oakland Division, Document 16-1, filed May 13, 2020. It recites that the Court finds the necessary elements met and would restrain and enjoin Betsy DeVos, as Secretary of Education, and the U.S. Department of Education, as to any California community college, from imposing or enforcing eligibility requirements for Higher Education Emergency Relief Funds (HEERF Assistance), including those in two guidance documents issued on or about April 21, 2020. It would also bar requiring colleges to accept those restrictions in funding certifications and penalizing them over alleged non-compliance.

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“Proposed Order Granting Plaintiffs Motion for Preliminary Injunction, Oakley et al. v. DeVos, No. 4:20-cv-03215 (N.D. Cal.), Doc. 16-1 (May 13, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/proposed-order-granting-plaintiffs-motion-for-preliminary-injunction-o-aa186dad63/, SHA-256 6e92247fcdb69f6d2df91f5e64dac222b3afa500f76beb008c3938e5cbc99cf3.

Full text

      Case 4:20-cv-03215-YGR Document 16-1 Filed 05/13/20 Page 1 of 3



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 9                            IN THE UNITED STATES DISTRICT COURT
10                        FOR THE NORTHERN DISTRICT OF CALIFORNIA
11                                          OAKLAND DIVISION
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     ELOY ORTIZ OAKLEY, in his official                    Case No. 20-cv-03215-YGR
14   capacity as Chancellor of California
     Community Colleges et al.,                          [PROPOSED] ORDER GRANTING
15                                                       PLAINTIFFS’ MOTION FOR
                                             Plaintiffs, PRELIMINARY INJUNCTION
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                  v.                                       Judge:        Honorable Yvonne Gonzalez
17                                                                       Rogers
                                                           Trial Date:   None Set
18   BETSY DEVOS, in her official capacity as              Action Filed: May 11, 2020
     the United States Secretary of Education;
19   U.S. DEPARTMENT OF EDUCATION,
20                                         Defendants.
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                       [Proposed] Order Granting Pls.’ Mot. for Prelim. Inj. (20-cv-03215-YGR)
      Case 4:20-cv-03215-YGR Document 16-1 Filed 05/13/20 Page 2 of 3



 1         On May 13, 2020, Plaintiffs Chancellor Eloy Ortiz Oakley, the Board of Governors of the

 2   California Community Colleges, Foothill-De Anza Community College District, Los Rios

 3   Community College District, Los Angeles Community College District, State Center Community

 4   College District, and San Diego Community College District (Plaintiffs) filed a Motion for

 5   Preliminary Injunction (Motion) and a hearing on that Motion was held.

 6         The Court has considered the Motion and documents filed therewith, all of the papers on

 7   file in this action, and the evidence and arguments presented at the hearing, and hereby GRANTS

 8   Plaintiffs’ Motion. The Court finds that each of the necessary elements for issuing a preliminary

 9   injunction are met. In particular, the Court finds that Plaintiffs are likely to prevail on the merits

10   of their claims; absent a preliminary injunction, Plaintiffs would be likely to suffer irreparable

11   injuries; the balance of the equities favor Plaintiffs; and the requested relief is in the public

12   interest.

13                                     PRELIMINARY INJUNCTION

14         Now, therefore, it is hereby ORDERED that:

15         Defendant Betsy DeVos, in her official capacity as Secretary of the U.S. Department of

16   Education and Defendant U.S. Department of Education (with Secretary DeVos, Defendants), and

17   Defendants’ officers, agents, servants, employees, and attorneys, and any other persons who are

18   in active concert or participation with them, ARE HEREBY RESTRAINED AND ENJOINED

19   from committing, or performing directly and indirectly, any and all of the following acts during

20   the pendency of this action with respect to any community college in California:

21         1.    Imposing or enforcing any eligibility requirement for students to receive Higher

22               Education Emergency Relief Funds (HEERF Assistance), including those

23               requirements asserted and set forth in: (a) the U.S. Department of Education’s

24               guidance document issued on or about April 21, 2020, entitled Frequently Asked

25               Questions about the Emergency Financial Aid Grants to Students under Section

26               18004 of the Coronavirus Aid, Relief and Economic Security (CARES) Act; and (b)

27               the U.S. Department of Education’s guidance document issued on or about April 21,

28               2020, entitled Frequently Asked Questions about the Institutional Portion of the
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                        [Proposed] Order Granting Pls.’ Mot. for Prelim. Inj. (20-cv-03215-YGR)
      Case 4:20-cv-03215-YGR Document 16-1 Filed 05/13/20 Page 3 of 3



 1             Higher Education Emergency Relief Fund under Section 18004(a)(1) and 18004(c) of

 2             the CARES Act;

 3        2.   Requiring that any California community college accept the eligibility restrictions set

 4             forth in the guidance documents identified in paragraph 1 above (HEERF Eligibility

 5             Requirements) as part of the terms and conditions in the Recipient’s Funding

 6             Certification and Agreements that higher education institutions are required to submit

 7             in order to access HEERF Assistance; and

 8        3.   Penalizing any California community college, including by withholding, terminating,

 9             or taking any action to recover HEERF Assistance or any other federal funds, on the

10             basis of any alleged failure to comply with the HEERF Eligibility Requirements.

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12        IT IS SO ORDERED.

13   Dated: __________________

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15                                                          The Honorable Yvonne Gonzalez Rodgers
                                                            United States District Court Judge
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                     [Proposed] Order Granting Pls.’ Mot. for Prelim. Inj. (20-cv-03215-YGR)


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