Proposed Order, State of Washington v. DeVos, No. 2:20-cv-01119 (W.D. Wash.), Doc. 8-1 (July 23, 2020)

Summary

A proposed order granting the State of Washington's motion for preliminary injunction in State of Washington v. DeVos, No. 2:20-cv-01119-BJR, in the U.S. District Court for the Western District of Washington at Seattle, Document 8-1, filed July 23, 2020 and noted for August 14, 2020. It recites that the Court finds Washington has established a likelihood of success on its claims under the Administrative Procedure Act and the U.S. Constitution. It would preliminarily enjoin the Department of Education from implementing or enforcing the Rule issued on July 1, 2020, and states that no bond is required under Federal Rule of Civil Procedure 65(c). The order is presented by Robert W. Ferguson, Attorney General of Washington, and the date line is blank.

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“Proposed Order, State of Washington v. DeVos, No. 2:20-cv-01119 (W.D. Wash.), Doc. 8-1 (July 23, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/proposed-order-state-of-washington-v-devos-no-2-20-cv-01119-w-d-wash-d-26e413ac95/, SHA-256 32a7b6c243fbdc0aedd5ec0dde82887f20e59b056428a6488d9274a316cee43b.

Full text

Case 2:20-cv-01119-BJR Document 8-1 Filed 07/23/20 Page 1 of 3

6 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
7 AT SEATTLE
8 STATE OF WASHINGTON, NO. 2:20-cv-01119-MLP
9 Plaintiff, ORDER GRANTING STATE OF
WASHINGTON’S MOTION FOR
10 v. PRELIMINARY INJUNCTION
[PROPOSED ORDER]
11 BETSY DeVOS, in her official capacity as
Secretary of the United States Department of NOTED FOR: August 14, 2020
12 Education; and the UNITED STATES
DEPARTMENT OF EDUCATION, a federal
13 agency,
14 Defendants.
15

16 This matter came before the Court on Plaintiff State of Washington’s Motion for

17 Preliminary Injunction. The Court has considered all of the following:

18 1. Plaintiff State of Washington’s Motion for Preliminary Injunction with

19 supporting declarations and exhibits;

20 2. Defendants’ Response to Plaintiff State of Washington’s Motion for Preliminary

21 Injunction;

22 3. Plaintiff State of Washington’s Reply in Support of Motion for Preliminary

23 Injunction; and

24 4. The entire record in the above-captioned matter.

26
ORDER GRANTING STATE OF 1 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
WASHINGTON’S MOTION FOR 800 5th Avenue, Suite 2000
PRELIMINARY INJUNCTION Seattle, WA 98104-3188
[PROPOSED ORDER] (206) 464-7744
NO. 2:20-CV-01119-MLP
Case 2:20-cv-01119-BJR Document 8-1 Filed 07/23/20 Page 2 of 3

1 Being fully apprised of the matter, now, therefore, it is hereby
2 ORDERED, ADJUDGED, AND DECREED that Plaintiff State of Washington’s Motion
3 for Preliminary Injunction is hereby GRANTED.
4 The Court finds that Washington has established a likelihood of success on the merits of
5 its claims under the Administrative Procedure Act, and the U.S. Constitution, that they would
6 suffer irreparable harm absent preliminary injunctive relief, and that the balance of equities and
7 the public interest weigh in favor of an injunction.
8 The Court, therefore, hereby GRANTS a preliminary injunction against the
9 implementation or enforcement of the Department’s Rule that directly curtails the control
10 Congress gave Washington’s Governor, OSPI, and LEAs over emergency funds to provide
11 essential services to the neediest students. The Court finds that Congress intended for CARES
12 Act funds to be distributed according to section 1117 of the ESEA, which measures funds to be
13 shared with private schools based on the number of students from low-income families at those
14 schools. If the Department’s Rule were to continue to be in effect, it would irreparably injure
15 Washington’s public schools, and their students.
16 Thus, pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, the Department of
17 Education, its officers, agents, servants, employees, and attorneys, and any person in active
18 concert or participation with them, are hereby PRELIMINARILY ENJOINED from
19 implementing or enforcing the Rule issued on July 1, 2020, that forces Washington and its school
20 districts to choose from two formulas not found in section 1117 of the ESEA to calculate the
21 disbursement of emergency funds, in any manner or in any respect, and shall preserve the status
22 quo until further order of the Court.
23

26
ORDER GRANTING STATE OF 2 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
WASHINGTON’S MOTION FOR 800 5th Avenue, Suite 2000
PRELIMINARY INJUNCTION Seattle, WA 98104-3188
[PROPOSED ORDER] (206) 464-7744
NO. 2:20-CV-01119-MLP
Case 2:20-cv-01119-BJR Document 8-1 Filed 07/23/20 Page 3 of 3

1 No bond shall be required pursuant to Federal Rule of Civil Procedure 65(c).
2 It is SO ORDERED.
3 ISSUED this _______ day of __________________ 2020.
4

5
THE HONORABLE
6
Presented by:
7
ROBERT W. FERGUSON
8 Attorney General of Washington
9

10 PAUL M. CRISALLI, WSBA No. 40681
SPENCER W. COATES, WSBA No. 49683
11 JEFFREY T. SPRUNG, WSBA No. 23607
R. JULY SIMPTON, WSBA No. 45869
12 Assistant Attorneys General
800 Fifth Avenue, Suite 2000
13 Seattle, WA 98104-3188
(206) 464-7744
14 paul.crisalli@atg.wa.gov
spencer.coates@atg.wa.gov
15 jeff.sprung@atg.wa.gov
july.simpson@atg.wa.gov
16 Attorneys for Plaintiff State of Washington
17

26
ORDER GRANTING STATE OF 3 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation Division
WASHINGTON’S MOTION FOR 800 5th Avenue, Suite 2000
PRELIMINARY INJUNCTION Seattle, WA 98104-3188
[PROPOSED ORDER] (206) 464-7744
NO. 2:20-CV-01119-MLP

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