Stipulation and Proposed Order, Oakley et al. v. DeVos, No. 4:20-cv-03215 (N.D. Cal.), Doc. 63 (January 29, 2021)

Summary

The Parties in Oakley v. Rosenfelt, with Phil Rosenfelt substituted as a defendant under Fed. R. Civ. P. 25(d), ask the Court to put proceedings in abeyance and stay for 60 days the briefing schedule set in its Order of January 19, 2021. The filing states that new leadership assumed responsibility for the United States Department of Education on January 20, 2021, and intends to consider public comments on the IFR and anticipates publishing a final rule or taking other action. The request also continues the May 25, 2021 hearing on the cross-motions for summary judgment and calls for a joint status report no later than sixty days from the date of the order. The proposed order approves the stipulation.

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“Stipulation and Proposed Order, Oakley et al. v. DeVos, No. 4:20-cv-03215 (N.D. Cal.), Doc. 63 (January 29, 2021).” 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-c5e011ba63/, SHA-256 bb265fd8dd49c35f6f6545c69dd16bbd73a21e54cce77f183b4ecf248e016672.

Full text

Case 4:20-cv-03215-YGR Document 63 Filed 01/29/21 Page 1 of 6

1 BRIAN M. BOYNTON
Acting Assistant Attorney General
2 MARCIA BERMAN
Assistant Director, Federal Programs Branch
3
KATHRYN L. WYER (Utah Bar No. 9846)
4 M. ANDREW ZEE (California Bar No. 272510)
U.S. Department of Justice, Civil Division
5 1100 L Street, N.W., Room 12014
Tel. (202) 616-8475
6
kathryn.wyer@usdoj.gov
7 Attorneys for Defendants

8
IN THE UNITED STATES DISTRICT COURT
9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
10 OAKLAND DIVISION

11 ELOY ORTIZ OAKLEY, in his official Case No. 4:20-cv-3215-YGR
capacity as Chancellor of California
12 Community Colleges et al., STIPULATED REQUEST TO HOLD
13 PROCEEDINGS IN ABEYANCE;
Plaintiffs, PROPOSED ORDER
14 v.
Judge: Honorable Yvonne Gonzalez Rogers
15 PHIL ROSENFELT, in his official capacity Trial Date: None Set
16 as the United States Acting Secretary of Action Filed: May 11, 2020
Education 1; U.S. DEPARTMENT OF Hearing date: May 25, 2021
17 EDUCATION,
18 Defendants.
19
20 STIPULATION TO HOLD PROCEEDINGS IN ABEYANCE

21 Pursuant to Northern District of California Civil Local Rules 6-1 and 6-2, the Parties

22 submit this stipulation and proposed order in order to request that the Court hold proceedings in

23 this action in abeyance and stay for 60 days the briefing schedule previously approved by the
24 Court in its Order of January 19, 2021 [ECF 62]. In support of this request, the Parties stipulate
25 and agree as follows:
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28 Pursuant to Fed. R. Civ. P. 25(d), Phil Rosenfelt is automatically substituted as a defendant in
this action.
Case No. 4:20-cv-3215-YGR
Stipulation to Stay Proceedings
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Case 4:20-cv-03215-YGR Document 63 Filed 01/29/21 Page 2 of 6

1 1. On May 11, 2020, Plaintiffs filed a Complaint for Declaratory, Injunctive, and
2 Mandamus Relief in this Court based on Defendants’ alleged imposition of student eligibility
3 requirements for Higher Education Emergency Relief Fund disbursements under the CARES Act
4 and based on agency actions taken on or around April 21, 2020. ECF No. 1.
5 2. On May 13, 2020, Plaintiffs filed a Motion for Preliminary Injunction (“PI
6
Motion”). ECF No. 16.
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3. 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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Motion. The Department of Education officially published the IFR in the Federal Register on
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June 17, 2020, setting the deadline for public comments on the IFR as July 17, 2020.
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4. On June 17, 2020, the Court entered an Order Granting Plaintiffs’ PI Motion. ECF
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No. 44.
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5. Pursuant to a previously-agreed-upon schedule, Plaintiffs filed an Amended
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15 Complaint on November 6, 2020. ECF No. 55.

16 6. Pursuant to the Court’s Order of January 19, 2021 [ECF No. 62], the current

17 briefing schedule for cross-motions for summary judgment is as follows:

18 • February 9, 2021: Defendants’ deadline to file a motion for summary judgment, not

19 to exceed 40 pages.
20 • March 16, 2021: Plaintiffs’ deadline to file a combined opposition to Defendants’
21 motion for summary judgment and cross-motion for summary judgment, not to
22 exceed 45 pages.
23 • April 6, 2021: Defendants’ deadline to file a combined opposition to Plaintiffs’ cross-
24 motion for summary judgment and reply to Plaintiffs’ opposition to Defendants’
25
motion for summary judgment, not to exceed 35 pages.
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• April 20, 2021: Plaintiffs’ deadline to reply to Defendants’ opposition to Plaintiffs’
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cross-motion for summary judgment, not to exceed 30 pages.
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Case 4:20-cv-03215-YGR Document 63 Filed 01/29/21 Page 3 of 6

1 7. The Court also set a hearing on the parties’ cross-motions for May 25, 2021, at
2 2:00 p.m. ECF No. 62.
3 8. On January 20, 2021, new leadership assumed responsibility for the United States
4 Department of Education. The new leadership intends to consider the public comments
5 submitted in response to the IFR and anticipates publishing a final rule or taking other action to
6
address the issues raised in those comments. In light of these developments, counsel for
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Defendants conferred with counsel for Plaintiffs, and the Parties have agreed and jointly request
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that, in order to afford these officials time to become familiar with the issues in this case and
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complete their consideration of further action, proceedings in this case be held in abeyance for
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sixty days. 2 The Parties further agree and propose that, at the end of this sixty-day period, the
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Parties will file a joint status report apprising the Court of the status of the Department’s
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consideration and whether the Parties wish to proceed with briefing cross-motions for summary
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judgment, including, if applicable, a revised briefing schedule.
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15 9. The Parties thus respectfully request that the Court enter an order (1) holding

16 proceedings in this action in abeyance for sixty days; (2) continuing the currently-scheduled May

17 25, 2021 hearing date pending further order of the Court; and (3) ordering the parties to file a

18 joint status report no later than sixty days from the date of the Court’s order, apprising the Court

19 of the status of the Department’s consideration and whether the Parties wish to proceed with
20 briefing cross-motions for summary judgment, including, if applicable, a revised briefing
21 schedule.
22
23 Dated: January 29, 2021 Respectfully submitted,
24 BRIAN M. BOYNTON
Acting Assistant Attorney General
25
26 MARCIA BERMAN

27 2
Two other cases pending in the District of Massachusetts, also challenging the IFR, have
28 already been held in abeyance for sixty days. See Noerand v. Rosenfelt, No. 1:20-cv-11271 (D.
Mass.); Massachusetts v. Rosenfelt, No. 1:20-cv-11600 (D. Mass.).
Case No. 4:20-cv-3215-YGR
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Case 4:20-cv-03215-YGR Document 63 Filed 01/29/21 Page 4 of 6

Assistant Director, Federal Programs Branch
1
2 /s/ Kathryn L. Wyer
KATHRYN L. WYER (Utah Bar No. 9846)
3 M. ANDREW ZEE (California Bar No. 272510)
United States Department of Justice
4 Civil Division, Federal Programs Branch
5 1100 L Street, N.W., Room 12014
Washington, DC 20005
6 Tel: (202) 616-8475
Email: kathryn.wyer@usdoj.gov
7
Attorneys for Defendants
8
9 Dated: January 29, 2021 XAVIER BECERRA
Attorney General of California
10
CHERYL FEINER
11 MICHAEL NEWMAN
Senior Assistant Attorneys General
12 CHRISTINE CHUANG
Supervising Deputy Attorney General
13
JULIA HARUMI MASS
14 LEE I. SHERMAN
SHUBRA SHIVPURI
15 JOSHUA SONDHEIMER
16
/s/
17 JASLEEN K. SINGH
Deputy Attorneys General
18 Attorneys for Plaintiffs Eloy Ortiz Oakley and
19 Board of Governors of the California Community
Colleges
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Case 4:20-cv-03215-YGR Document 63 Filed 01/29/21 Page 5 of 6

ATTORNEY ATTESTATION
1
2 Pursuant to Civil Local Rule 5-1(i)(3), I, Kathryn Wyer, hereby attest that concurrence in
3 the filing of this document has been obtained from any signatories indicated by a “conformed”
4 signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of
5 the United States of America that the foregoing is true and correct.
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Dated: January 29, 2021 /s/Kathryn Wyer
8 Kathryn Wyer
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Case 4:20-cv-03215-YGR Document 63 Filed 01/29/21 Page 6 of 6

[PROPOSED] ORDER APPROVING STIPULATION
1
2 On January 29, 2021, the Parties filed a Stipulated Request to Hold Proceedings in
3 Abeyance. Upon this submission and stipulation of the Parties, and good cause appearing, IT IS
4
HEREBY ORDERED THAT proceedings in this action are held in abeyance; all pending
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deadlines are STAYED; and the hearing currently set for May 25, 2021, is CONTINUED
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pending further order of the Court. The Parties shall file a Joint Status Report no later than sixty
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days from the date of this Order, apprising the Court of the current status of the Department’s
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consideration; whether the Parties wish to proceed with briefing cross-motions for summary
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judgment; and, if applicable, proposing a revised briefing schedule.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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14 Dated: ________________ _____________________________________
The Honorable Yvonne Gonzalez Rogers
15 United States District Judge
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Case No. 4:20-cv-3215-YGR
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