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)
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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).”
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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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