Stipulation and Proposed Order, Oakley et al. v. DeVos, No. 4:20-cv-03215 (N.D. Cal.), Doc. 48 (July 30, 2020)

Summary

Plaintiffs Eloy Ortiz Oakley and the Board of Governors of the California Community Colleges and Defendants Betsy DeVos, et al. jointly ask the Court to enter a case schedule and vacate the Initial Case Management Conference set for August 10, 2020. The stipulation recites a May 11, 2020 complaint based on Defendants' alleged imposition of student eligibility requirements for Higher Education Emergency Relief Fund disbursements under the CARES Act, and a June 17, 2020 order granting Plaintiffs' preliminary injunction motion. The proposed schedule sets September 23, 2020 for the administrative record for the IFR, October 23, 2020 for any amended complaint, November 23, 2020 for Defendants' response, and December 4, 2020 for a joint proposed briefing schedule.

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“Stipulation and Proposed Order, Oakley et al. v. DeVos, No. 4:20-cv-03215 (N.D. Cal.), Doc. 48 (July 30, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/stipulation-and-proposed-order-oakley-et-al-v-devos-no-4-20-cv-03215-n-04fbb86eef/, SHA-256 48c6edaa0a9a6d658312d2ed358f1248ab9097e67d9ed74af0f25df577bd4887.

Full text

Case 4:20-cv-03215-YGR Document 48 Filed 07/30/20 Page 1 of 6

ETHAN P. DAVIS
1
Acting Assistant Attorney General
2 MARCIA BERMAN
Assistant Director, Federal Programs Branch
3 M. ANDREW ZEE (California Bar No. 272510)
KATHRYN L. WYER (Utah Bar No. 9846)
4
U.S. Department of Justice, Civil Division
5 450 Golden Gate Ave., Room 7-5395
Tel. (415) 436-6646
6 m.andrew.zee@usdoj.gov
7
Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT
9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
10 OAKLAND DIVISION

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ELOY ORTIZ OAKLEY, et al., Case No. 4:20-cv-3215-YGR
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13 Plaintiffs, STIPULATION AND [PROPOSED]
v. ORDER TO SET CASE SCHEDULE
14 AND VACATE INITIAL CASE
BETSY DEVOS, et al., MANAGEMENT CONFERENCE
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16 Defendants.

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STIPULATION AND [PROPOSED] ORDER TO SET CASE SCHEDULE AND VACATE INITIAL CASE MANAGEMENT
CONFERENCE
Case No. 4:20-cv-3215-YGR
Case 4:20-cv-03215-YGR Document 48 Filed 07/30/20 Page 2 of 6

Pursuant to the Court’s Order of July 16, 2020, ECF No. 47, and Civil Local Rule 16-2(d)
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2 and (e), Plaintiffs and Defendants submit this stipulated request for the Court to enter their

3 proposed case management schedule and to vacate the Initial Case Management Conference. In
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support of this request, the parties stipulate and agree as follows:
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1. On May 11, 2020, Plaintiffs filed a Complaint for Declaratory, Injunctive, and
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7 Mandamus Relief in this Court based on Defendants’ alleged imposition of student eligibility

8 requirements for Higher Education Emergency Relief Fund disbursements under the CARES
9 Act and based on agency actions taken on or around April 21, 2020. ECF No. 1.
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2. On May 13, 2020, Plaintiffs filed a Motion for Preliminary Injunction (“PI
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Motion”). ECF No. 16.
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13 3. On May 13, 2020, the Court entered an Order Setting Initial Case Management

14 Conference and ADR Deadlines. ECF No. 8. Pursuant to that Order, an Initial Case
15 Management Conference (“CMC”) has been scheduled for August 10, 2020.
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4. On June 11, 2020, Defendants filed with the Court an Interim Final Rule (“IFR”)
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addressing the student eligibility requirements challenged in Plaintiffs’ Complaint and PI
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19 Motion. The Department of Education published an official copy of this IFR on June 16, 2020,

20 setting the deadline for public comments on the IFR as July 17, 2020.
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5. On June 17, 2020, the Court entered an Order Granting Plaintiffs’ Motion for
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Preliminary Injunction. ECF No. 44.
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6. On July 13, 2020, the parties filed a Stipulation to Extend Deadline to Respond to
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25 Complaint and Submit Stipulated Case Management Schedule. ECF No. 46. The parties stated
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additional meet and confer efforts they would reach agreement on a schedule for further
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STIPULATION AND [PROPOSED] ORDER TO SET CASE SCHEDULE AND VACATE INITIAL CASE MANAGEMENT
CONFERENCE
Case No. 4:20-cv-3215-YGR

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Case 4:20-cv-03215-YGR Document 48 Filed 07/30/20 Page 3 of 6

proceedings. The parties therefore requested that they be permitted to file on August 3, 2020,
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2 either a stipulated proposed case management order or a joint CMC statement, including a

3 statement on whether there is a need to keep the CMC scheduled for August 10, 2020 on
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calendar. The parties further agreed that the case was unlikely to be resolved on a voluntary
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basis, and requested that the case be exempted from the ADR Multi-Option Program.
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7 7. On July 16, 2020, the Court approved the parties’ Stipulation. ECF No. 47. It

8 entered an Order requiring the parties to meet and confer regarding a schedule for further
9 proceedings; requiring the parties to file on August 3, 2020, either a stipulated proposed case
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management order or a joint CMC statement; and exempting the case from the ADR Multi-
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Option Program.
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13 8. Consistent with the Courts’ July 16, 2020 Order, the parties have conferred

14 regarding a schedule for additional proceedings and whether there is a need to keep the August
15 10, 2020 CMC on calendar. The parties believe that upon production of the administrative
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record, any amendment of the Complaint, and Defendants’ response, this case will be suitable
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for resolution on the basis of cross-motions for summary judgment. The parties thus
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19 respectfully request that the Court enter a case management order setting forth the following

20 schedule:
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• September 23, 2020: Defendants’ deadline to produce the administrative record
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for the IFR
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24 • October 23, 2020: Plaintiffs’ deadline to file amended complaint, if any

25 • November 23, 2020: Defendants’ deadline to respond to amended complaint (or
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original complaint, if no amendment)
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STIPULATION AND [PROPOSED] ORDER TO SET CASE SCHEDULE AND VACATE INITIAL CASE MANAGEMENT
CONFERENCE
Case No. 4:20-cv-3215-YGR

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Case 4:20-cv-03215-YGR Document 48 Filed 07/30/20 Page 4 of 6

• December 4, 2020: Deadline for parties to submit a joint proposed briefing
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2 schedule

3 9. Given their agreement on a proposed schedule for further proceedings, the parties
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respectfully submit that in the interest of judicial economy and efficiency, the Court need not
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hold a CMC on August 10, 2020, and respectfully request that the CMC be vacated.
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9 DATED: July 30, 2020 Respectfully submitted,

10 ETHAN P. DAVIS
Acting Assistant Attorney General
11 MARCIA BERMAN
12 Assistant Director, Federal Programs Branch

13 /s/ M. Andrew Zee
M. ANDREW ZEE (California Bar No. 272510)
14 KATHRYN L. WYER (Utah Bar No. 9846)
15 U.S. Department of Justice, Civil Division
450 Golden Gate Ave., Room 7-5395
16 Tel. (415) 436-6646
m.andrew.zee@usdoj.gov
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18 Attorneys for Defendants

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XAVIER BECERRA
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Attorney General of California
21 CHERYL FEINER
MICHAEL NEWMAN
22 Senior Assistant Attorneys General
23 CHRISTINE CHUANG
Supervising Deputy Attorney General
24 JULIA HARUMI MASS
JASLEEN SINGH
25 SHUBHRA SHIVPURI
26 JOSHUA SONDHEIMER

27 /s/ Lee I. Sherman
LEE I. SHERMAN
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STIPULATION AND [PROPOSED] ORDER TO SET CASE SCHEDULE AND VACATE INITIAL CASE MANAGEMENT
CONFERENCE
Case No. 4:20-cv-3215-YGR

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Case 4:20-cv-03215-YGR Document 48 Filed 07/30/20 Page 5 of 6

Deputy Attorneys General
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Attorneys for Plaintiffs Eloy Ortiz Oakley
2 and Board of Governors of the California
Community Colleges
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5 ATTESTATION

6 Pursuant to Local Rule 5-1(i)(3), I attest that I am the ECF user whose user ID and
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password are being used in the electronic filing of this document, and further attest that I have
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obtained the concurrence in the filing of the document from the other signatory.
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11 /s/ M. Andrew Zee
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STIPULATION AND [PROPOSED] ORDER TO SET CASE SCHEDULE AND VACATE INITIAL CASE MANAGEMENT
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Case 4:20-cv-03215-YGR Document 48 Filed 07/30/20 Page 6 of 6

[PROPOSED] ORDER
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2 Upon stipulation of the parties, and good cause appearing, IT IS ORDERED that:

3 1. The Initial Case Management Conference set for August 10, 2020 is VACATED.
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2. The following schedule shall govern further proceedings in this case:
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• September 23, 2020: Defendants’ deadline to produce the administrative record
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7 for the IFR

8 • October 23, 2020: Plaintiffs’ deadline to file amended complaint, if any
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• November 23, 2020: Defendants’ deadline to respond to amended complaint (or
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original complaint, if no amendment)
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12 • December 4, 2020: Deadline for parties to submit a joint proposed briefing
13 schedule
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15 PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: _____________, 2020
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19 YVONNE GONZALEZ ROGERS
20 United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO SET CASE SCHEDULE AND VACATE INITIAL CASE MANAGEMENT
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Case No. 4:20-cv-3215-YGR

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