Response ( Non Motion ), Oakley et al. v. DeVos, No. 4:20-cv-03215 (N.D. Cal.), Doc. 36 (June 9, 2020)

Summary

Plaintiffs' response to Defendants' notice of Federal Register notice in Oakley, et al. v. DeVos, et al., Case No. 20-cv-03215-YGR, in the U.S. District Court for the Northern District of California, Oakland Division, dated June 9, 2020 (Doc. 36). The response states that Plaintiffs are submitting all of the documents included as supporting and related material in the rulemaking docket for the Federal Register Notice that Defendants filed that morning (ECF No. 35). It quotes a statement in those documents that Congress intended the term "student" in section 18004 of the CARES Act to be limited to those individuals who are or could be eligible for title IV assistance. The signature block names Lee I. Sherman, with /s/ Lee I. Sherman.

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 1   XAVIER BECERRA
     Attorney General of California
 2   CHERYL FEINER
     MICHAEL NEWMAN
 3   Senior Assistant Attorneys General
     CHRISTINE CHUANG
 4   Supervising Deputy Attorney General
     JULIA HARUMI MASS
 5   JASLEEN SINGH
     SHUBHRA SHIVPURI
 6   JOSHUA SONDHEIMER
     LEE I. SHERMAN (SBN 272271)
 7   Deputy Attorneys General
     300 S. Spring St., Suite 1702
 8    Los Angeles, CA 90013
      Telephone: (213) 269-6404
 9    Fax: (213) 897-7605
      E-mail: Lee.Sherman@doj.ca.gov
10    Attorneys for Plaintiffs Eloy Ortiz Oakley and Board of
      Governors of the California Community Colleges
11

12

13                            IN THE UNITED STATES DISTRICT COURT

14                        FOR THE NORTHERN DISTRICT OF CALIFORNIA

15                                          OAKLAND DIVISION

16
     ELOY ORTIZ OAKLEY, in his official                      Case No. 20-cv-03215-YGR
17   capacity as Chancellor of California
     Community Colleges et al.,                          PLAINTIFFS’ RESPONSE TO
18                                                       DEFENDANTS’ NOTICE OF FEDERAL
                                             Plaintiffs, REGISTER NOTICE
19
                   v.
20

21   BETSY DEVOS, in her official capacity as
     the United States Secretary of Education;
22   U.S. DEPARTMENT OF EDUCATION,
23                                        Defendants.
24

25        To provide the Court with the complete record, Plaintiffs are submitting all of the
26   documents that were included as supporting and related material in the rulemaking docket for the
27   Federal Register Notice Defendants filed with the Court this morning, ECF No. 35, which counsel
28
                                                         1
                    Pls.’ Response to Defs.’ Notice of Federal Register Notice (20-cv-03215-YGR)
 1   for Plaintiffs downloaded at 10:31 a.m. from https://beta.regulations.gov/docket/ED-2020-SCC-
 2   0088/document. Within those documents, the DoE states:
 3          While the CARES Act does not provide a definition of the term “student,” we
            have concluded that Congress intended the term “student” in the context of
 4          “grants to students” in section 18004 of the CARES Act to be limited to those
            individuals who are or could be eligible for title IV assistance. By applying this
 5          definition, IHEs will be required to establish or modify processes to ensure
            student eligibility for the funds allotted to them under the CARES Act.
 6          Additionally, there will be burden to students who wish to apply for the funds
            being made available, if the [sic] have not already established title IV eligibility.
 7

 8   Attachment 1. For the Court’s convenience, Plaintiffs have highlighted certain portions of the
 9   attached rulemaking arguments that bear on the motion set for hearing at 2:00 pm this afternoon.
10

11   Dated: June 9, 2020                                      Respectfully Submitted,
12                                                            XAVIER BECERRA
                                                              Attorney General of California
13                                                            CHERYL FEINER
                                                              MICHAEL NEWMAN
14                                                            Senior Assistant Attorneys General
                                                              CHRISTINE CHUANG
15                                                            Supervising Deputy Attorney General
                                                              JULIA HARUMI MASS
16                                                            JASLEEN SINGH
                                                              SHUBHRA SHIVPURI
17                                                            JOSHUA SONDHEIMER
18                                                            /s/ Lee I. Sherman
19                                                            LEE I. SHERMAN
                                                              Deputy Attorneys General
20                                                            Attorneys for Plaintiffs Eloy Ortiz Oakley
                                                              and Board of Governors of the California
21                                                            Community Colleges
22

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                    Pls.’ Response to Defs.’ Notice of Federal Register Notice (20-cv-03215-YGR)


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