Pandemic Darlings The pandemic economy, in original documents
Home Source documents Stipulation, State of Michigan et al. v. DeVos, No. 3:20-cv-04478 (N.D. Cal.), Doc. 90 (November 6, 2020)

Stipulation, State of Michigan et al. v. DeVos, No. 3:20-cv-04478 (N.D. Cal.), Doc. 90 (November 6, 2020)

Summary

Plaintiffs including the State of Michigan and the State of California stipulate with Defendants, Secretary DeVos and the Department of Education, to entry of a permanent injunction and closing of the case. The stipulation recites that the Court granted a preliminary injunction on August 26, 2020, against the interim final rule on equitable services to students and teachers in non-public schools and a related April 30, 2020 guidance document. The injunction would bar enforcing the proportional-share provisions in that rule and guidance, and any penalty or adverse action for actions taken in reliance on them before the preliminary injunction order. Defendants also waive any rights to seek reconsideration of or appeal either injunction, and the stipulation is contingent on the Court retaining jurisdiction to enforce.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Stipulation, State of Michigan et al. v. DeVos, No. 3:20-cv-04478 (N.D. Cal.), Doc. 90 (November 6, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/stipulation-state-of-michigan-et-al-v-devos-no-3-20-cv-04478-n-d-cal-d-3e0db167ec/, SHA-256 77b42fcc0afc5f6c870284746f7a7b7185e8facc10f0326c3417b3a83c48e7db.

Full text

         Case 3:20-cv-04478-JD Document 90 Filed 11/06/20 Page 1 of 5



 1   XAVIER BECERRA                                                DANA NESSEL
     Attorney General of California                                Attorney General of Michigan
 2   MICHAEL NEWMAN                                                FADWA A. HAMMOUD
     Senior Assistant Attorney General                             Solicitor General
 3   SARAH E. BELTON                                               TONI L. HARRIS*
     Supervising Deputy Attorney General                           NEIL GIOVANATTI*
 4   REBEKAH A. FRETZ                                              Assistant Attorneys General
     JAMES F. ZAHRADKA II                                           P.O. Box 30758
 5   GARRETT M. LINDSEY (SBN 293456)                                Lansing, MI 48909
     Deputy Attorneys General                                       Telephone: (517) 335-7603
 6    300 South Spring Street, Suite 1702                           E-mail: GiovanattiN@michigan.gov
      Los Angeles, CA 90013                                        Attorneys for Plaintiff State of Michigan
 7    Telephone: (213) 269-6402                                    *Appearing Pro Hac Vice
      E-mail: Garrett.Lindsey@doj.ca.gov
 8   Attorneys for Plaintiff State of California
 9
                              IN THE UNITED STATES DISTRICT COURT
10
                           FOR THE NORTHERN DISTRICT OF CALIFORNIA
11
                                        SAN FRANCISCO DIVISION
12

13   STATE OF MICHIGAN, STATE OF                           Case No. 3:20-cv-04478-JD
     CALIFORNIA, et al.,
14                                                       STIPULATION TO ENTER AN ORDER
                                             Plaintiffs, AND JUDGMENT GRANTING A
15                                                       PERMANENT INJUNCTION AND
           v.                                            CLOSING THE CASE
16
                                                           Date:
17   ELISABETH D. DEVOS, in her official                   Time:
     capacity as the United States Secretary of            Judge:        Hon. James Donato
18   Education, and UNITED STATES                          Trial Date: None set
     DEPARTMENT OF EDUCATION,                              Action Filed: July 7, 2020
19
                                          Defendants.
20

21

22

23

24

25

26

27

28

                             Stipulation to Enter an Order and Judgment (20-cv-4478-JD)
         Case 3:20-cv-04478-JD Document 90 Filed 11/06/20 Page 2 of 5



 1         Plaintiffs State of Michigan, State of California, District of Columbia, State of Hawaii,
 2   State of Maine, State of Maryland, State of New Mexico, Commonwealth of Pennsylvania, State
 3   of Wisconsin, the Board of Education for the City School District of the City of New York,
 4   Board of Education for the City of Chicago, Cleveland Municipal School District Board of
 5   Education, and San Francisco Unified School District brought suit against Defendants Elisabeth
 6   D. DeVos, in her official capacity as the United States Secretary of Education, and the United
 7   States Department of Education (Department) alleging, among other contentions, that
 8   Defendants violated the Administrative Procedure Act by acting in excess of statutory authority,
 9   5 U.S.C. § 706(2)(C), and/or not in accordance with law, 5 U.S.C. § 706(2)(A), by promulgating
10   the interim final rule “CARES Act Programs; Equitable Services to Students and Teachers in
11   Non-Public Schools,” 85 Fed. Reg. 39479 (July 1, 2020) (Interim Final Rule), and by issuing a
12   related guidance document on April 30, 2020 (Guidance).
13         Plaintiffs subsequently sought a preliminary injunction of enforcement of the Interim Final
14   Rule and the Guidance. On August 26, 2020, this Court granted a preliminary injunction
15   prohibiting Defendants from implementing or enforcing against Plaintiffs the Interim Final Rule
16   and the Guidance. That injunction remains in place pending further order of the Court.
17         On September 25, 2020, Secretary DeVos issued a letter stating that the Department would
18   “enforce the law as the courts have opined” and “will not appeal the [courts’] rulings” in this
19   case and in other cases filed throughout the country challenging the Guidance and the Interim
20   Final Rule.1
21         On October 9, 2020, the Department issued a guidance document replacing the Guidance.
22   This document acknowledges that this Court and two other courts “issued decisions conclud[ing]
23   that an LEA must determine the proportional share available to provide equitable services to
24   non-public school students and teachers in accordance with section 1117(a)(4)(A) of the
25   Elementary and Secondary Education Act of 1965 (ESEA).”2
26
            1
              https://oese.ed.gov/files/2020/09/Secretary-DeVos-Letter-to-Chief-State-School-
27   Officers-09-25-2020.pdf.
            2
              https://oese.ed.gov/files/2020/10/Providing-Equitable-Services-under-the-CARES-Act-
28   Programs-Update-10-9-2020.pdf.
                                                         1
                             Stipulation to Enter an Order and Judgment (20-cv-4478-JD)
        Case 3:20-cv-04478-JD Document 90 Filed 11/06/20 Page 3 of 5



 1        Therefore, Plaintiffs and Defendants, having been represented by counsel and acting by
 2   and through such counsel, hereby stipulate and consent to the entry of a permanent injunction as
 3   follows:
 4        1. As to all Plaintiffs and any local or state education agency, school district, or public
 5              school located within the geographical boundaries of any Plaintiff (collectively,
 6              Plaintiff Parties), the United States Department of Education, Secretary DeVos, and
 7              their officers, agents, employees, attorneys, and any person acting in concert with
 8              them, or at their behest, are permanently enjoined from:
 9                 a. Enforcing or implementing the provisions in the April 30, 2020 Guidance and
10                     the Interim Final Rule, 85 Fed. Reg. 39479 (July 1, 2020), regarding the
11                     proportional-share calculation to be used for CARES Act funds for the
12                     provision of equitable services to students and teachers in non-public schools
13                     under Section 18005 of the CARES Act;
14                 b. Taking any action inconsistent with calculating the proportional share in
15                     accordance with Section 1117(a)(4)(A) of the ESEA, for the provision of
16                     equitable services to students and teachers in non-public schools under Section
17                     18005 of the CARES Act;
18                 c. Taking any action enforcing or implementing a requirement that funds provided
19                     under Section 18002 or 18003 of the CARES Act supplement, not supplant,
20                     other sources of funding or expenditures;
21                 d. Taking any action enforcing or implementing a restriction on the use of funds
22                     provided under Section 18002 or 18003 of the CARES Act based on whether a
23                     public school participates or is eligible to participate in a program under Title I,
24                     Part A of the ESEA; and
25                 e. Enforcing or implementing any penalty or taking any other adverse action,
26                     including the withholding, termination, suspension, or recovery of funds,
27                     against a Plaintiff Party arising out of actions that a Plaintiff Party initiated
28                     before the preliminary injunction order, dated August 26, 2020, taken in
                                                          2
                              Stipulation to Enter an Order and Judgment (20-cv-4478-JD)
        Case 3:20-cv-04478-JD Document 90 Filed 11/06/20 Page 4 of 5



 1                    reliance on the April 30, 2020 Guidance or the Interim Final Rule, 85 Fed. Reg.
 2                    39479 (July 1, 2020).
 3        2. This stipulation is contingent on this Court retaining jurisdiction to enforce this
 4            permanent injunction as to any of the Plaintiff Parties.
 5        3. Defendants also stipulate to waiving any rights they might have to seek reconsideration
 6            of and/or appeal the preliminary injunction and the permanent injunction issued
 7            pursuant to this stipulation.
 8

 9   Dated: November 6, 2020                                     Respectfully submitted,
10   By: /s/ Garrett Lindsey
                                                                 JEFFREY CLARK
11   XAVIER BECERRA                                              Acting Assistant Attorney General
     Attorney General of California                              MARCIA BERMAN
12   MICHAEL NEWMAN                                              Assistant Director, Federal Programs Branch
     Senior Assistant Attorney General
13   SARAH E. BELTON
     Supervising Deputy Attorney General                         /s/ Kate Talmor
14   GARRETT LINDSEY                                             KATE TALMOR (Maryland Bar)
     JAMES F. ZAHRADKA II                                        Trial Attorney
15   REBEKAH A. FRETZ                                            U.S. Department of Justice, Civil Division
     Deputy Attorneys General                                    1100 L St NW
16   Attorneys for Plaintiff State of California                 Washington, DC
                                                                 (202) 616-8351
17    By: /s/ Neil Giovanatti                                    kate.talmor@usdoj.gov
18   DANA NESSEL                                                 Attorneys for Defendants
     Attorney General of Michigan
19   FADWA A. HAMMOUD
     Solicitor General
20   NEIL GIOVANATTI*
     TONI L. HARRIS*
21   Assistant Attorneys General
     Attorneys for Plaintiff State of Michigan
22   *Appearing Pro Hac Vice
23

24

25

26

27

28
                                                           3
                               Stipulation to Enter an Order and Judgment (20-cv-4478-JD)
         Case 3:20-cv-04478-JD Document 90 Filed 11/06/20 Page 5 of 5



 1
                                   ATTESTATION OF SIGNATURES
 2

 3
           I, Garrett M. Lindsey, hereby attest, pursuant to Local Civil Rule 5-1(i)(3) of the Northern
 4
     District of California that concurrence in the filing of this document has been obtained from each
 5
     signatory hereto.
 6

 7   Dated: November 6, 2020                                 /s/ Garrett M. Lindsey
 8                                                           GARRETT M. LINDSEY
                                                             Deputy Attorney General
 9                                                           Attorney for State of California
10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
                                                        4
                            Stipulation to Enter an Order and Judgment (20-cv-4478-JD)


File and source

File
90-stipulation.pdf
Size
538,736 bytes
SHA-256
77b42fcc0afc5f6c870284746f7a7b7185e8facc10f0326c3417b3a83c48e7db
Our copy
90-stipulation.pdf
Original
storage.courtlistener.com
Back to top