Status Report, State of Washington v. DeVos (later v. Cardona), No. 2:20-cv-00182 (E.D. Wash.), Doc. 79 (April 19, 2021)

Summary

A Joint Status Report and Stipulated Request to Continue Holding Proceedings in Abeyance, ECF No. 79, filed April 19, 2021, in State of Washington v. Miguel Cardona, et al., No. 2:20-cv-00182-TOR, United States District Court, Eastern District of Washington at Spokane. The parties submit it under the Court's Order of February 18, 2021 and request that proceedings stay in abeyance for an additional sixty days. The report states that, following the change in Department leadership on January 20, 2021, the Department has continued to work towards publishing a final rule or taking other action on issues raised in comments on the IFR at issue. At the end of the sixty-day period, the parties propose to file a joint status report on whether to proceed with briefing cross-motions for summary judgment.

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“Status Report, State of Washington v. DeVos (later v. Cardona), No. 2:20-cv-00182 (E.D. Wash.), Doc. 79 (April 19, 2021).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/status-report-state-of-washington-v-devos-later-v-cardona-no-2-20-cv-0-8a66d1ecfd/, SHA-256 66f29439d231e5d31e4f67f0d4fe374e96e3ba5c62247eab24383546d7ca27f7.

Full text

Case 2:20-cv-00182-TOR ECF No. 79 filed 04/19/21 PageID.1470 Page 1 of 4

1 BRIAN M. BOYNTON
Acting Assistant Attorney General
2 MARCIA BERMAN
3 Assistant Director, Federal Programs Branch
ALEXANDER V. SVERDLOV
4 (New York Bar No. 4918793)
Trial Attorney
5 U.S. Department of Justice
6 Civil Division, Federal Programs Branch
1100 L Street, NW
7 Tel. (202) 305-8550
alexander.v.sverdlov@usdoj.gov
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9 Attorneys for Defendants

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11 IN THE UNITED STATES DISTRICT COURT
12 EASTERN DISTRICT OF WASHINGTON
AT SPOKANE
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STATE OF WASHINGTON,
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Case No. 2:20-cv-00182-TOR
15 Plaintiff,
JOINT STATUS REPORT AND
16 v. STIPULATED REQUEST TO
CONTINUE HOLDING PROCEEDINGS
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MIGUEL CARDONA, in his official IN ABEYANCE
18 capacity as the United States Acting
Secretary of Education1, et al.,
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20 Defendants.

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27 Pursuant to Fed. R. Civ. P. 25(d), Miguel Cardona is automatically substituted as a
defendant in this action.
28 JOINT STATUS REPORT AND STIPULATED REQUEST TO CONTINUE HOLDING PROCEEDINGS IN ABEYANCE
Case No. 2:20-cv-00182-TOR

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Case 2:20-cv-00182-TOR ECF No. 79 filed 04/19/21 PageID.1471 Page 2 of 4

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2 The parties respectfully submit this joint status report pursuant to the Court’s Order of
3 February 18, 2021, and further stipulate—and respectfully request—that the Court continue to
4 hold proceedings in this action in abeyance. The parties have conferred and report as follows:
5 1. Following the change in Department leadership on January 20, 2021, the
6 Department has continued to work towards publishing a final rule or taking other action to
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address the issues raised in comments submitted regarding the IFR at issue in this case. In light
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of the Department’s continuing consideration, counsel for Defendants conferred with counsel for
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Plaintiff, and the Parties have agreed and jointly request that proceedings in this case be held in
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abeyance for an additional sixty days. The Parties further agree and propose that, at the end of
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this sixty-day period, the Parties will file a joint status report apprising the Court of the status of
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the Department’s consideration and whether the Parties wish to proceed with briefing cross-
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motions for summary judgment, including, if applicable, a revised briefing schedule.
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2. The Parties thus respectfully request that the Court continue to hold proceedings
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16 in this action in abeyance and order the parties to file a joint status report no later than sixty days

17 from the date of the Court’s order, apprising the Court of the status of the Department’s

18 consideration and whether the Parties wish to proceed with briefing cross-motions for summary

19 judgment, including, if applicable, a revised briefing schedule.

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28 JOINT STATUS REPORT AND STIPULATED REQUEST TO CONTINUE HOLDING PROCEEDINGS IN ABEYANCE
Case No. 2:20-cv-00182-TOR

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Case 2:20-cv-00182-TOR ECF No. 79 filed 04/19/21 PageID.1472 Page 3 of 4

DATED: April 19, 2021 Respectfully submitted,
1
BRIAN M. BOYNTON
2
Acting Assistant Attorney General
3 MARCIA BERMAN
Assistant Director, Federal Programs Branch
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/s/ Alexander V. Sverdlov
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ALEXANDER V. SVERDLOV
6 (New York Bar No. 4918793)
Trial Attorney
7 U.S. Department of Justice
8 Civil Division, Federal Programs Branch
1100 L Street, NW
9 Tel. (202) 305-8550
alexander.v.sverdlov@usdoj.gov
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11 Attorneys for Defendants

12 /s/ R. July Simpson
R. JULY SIMPSON, WSBA #45869
13 SPENCER W. COATES, WSBA #49683
14 JEFFREY T. SPRUNG, WSBA #23607
PAUL M. CRISALLI, WSBA #40681
15 Assistant Attorneys General
800 Fifth Avenue, Suite 2000
16 Seattle, WA 98104-3188
17 (206) 464-7744
july.simpson@atg.wa.gov
18 spencer.coates@atg.wa.gov
jeff.sprung@atg.wa.gov
19 paul.crisalli@atg.wa.gov
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Attorneys for Plaintiff State of Washington
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28 JOINT STATUS REPORT AND STIPULATED REQUEST TO CONTINUE HOLDING PROCEEDINGS IN ABEYANCE
Case No. 2:20-cv-00182-TOR

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Case 2:20-cv-00182-TOR ECF No. 79 filed 04/19/21 PageID.1473 Page 4 of 4

1 CERTIFICATE OF SERVICE
2 I hereby certify that on the 19th day of April, 2021, I electronically transmitted the
3 foregoing document to the Clerk of Court using the ECF System for filing.
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5 /s/ Alexander V. Sverdlov
ALEXANDER V. SVERDLOV
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28 JOINT STATUS REPORT AND STIPULATED REQUEST TO CONTINUE HOLDING PROCEEDINGS IN ABEYANCE
Case No. 2:20-cv-00182-TOR

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