Text of Proposed Order, State of Washington v. DeVos (later v. Cardona), No. 2:20-cv-00182 (E.D. Wash.), Doc. 5-1 (May 19, 2020)

Summary

A proposed order in State of Washington v. Betsy DeVos, No. 2:20-cv-00182-TOR, in the United States District Court, Eastern District of Washington, filed May 19, 2020 as ECF No. 5-1. The proposed order would grant Plaintiff State of Washington's Motion for Preliminary Injunction, noted for June 11, 2020. It would preliminarily enjoin the Department of Education from implementing or enforcing the provision in the April 21, 2020, guidance that restricts eligibility for CARES Act student emergency financial assistance grants to students eligible for federal financial aid. It would require no bond, and the presenting counsel block carries /s/ Jeffrey T. Sprung.

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“Text of Proposed Order, State of Washington v. DeVos (later v. Cardona), No. 2:20-cv-00182 (E.D. Wash.), Doc. 5-1 (May 19, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/text-of-proposed-order-state-of-washington-v-devos-later-v-cardona-no-4185046808/, SHA-256 108ce7142057f44dadcce33bb70123ed4698b19d04f53bee18d00be80f604c81.

Full text

Case 2:20-cv-00182-TOR ECF No. 5-1 filed 05/19/20 PageID.122 Page 1 of 4

1 ROBERT W. FERGUSON
Attorney General
2
JEFFREY T. SPRUNG, WSBA #23607
3 R. JULY SIMPSON, WSBA #45869
PAUL M. CRISALLI, WSBA #40681
4 SPENCER W. COATES, WSBA #49683
Assistant Attorneys General
5 800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
6 (206) 464-7744

7 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
8 AT SPOKANE

9 STATE OF WASHINGTON, NO. 2:20-cv-00182-TOR
10 Plaintiff, ORDER GRANTING
PLAINTIFF STATE OF
11 v. WASHINGTON’S MOTION
FOR PRELIMINARY
12 BETSY DeVOS, in her official INJUNCTION
capacity as Secretary of the United
13 States Department of Education, and [PROPOSED]
the UNITED STATES
14 DEPARTMENT OF EDUCATION, a NOTED FOR: June 11, 2020
federal agency, With Oral Argument
15
Defendants.
16

17 This matter came before the Court on Plaintiff State of Washington’s

18 Motion for Preliminary Injunction. The Court has considered all of the following:

19 1. Plaintiff State of Washington’s Motion for Preliminary Injunction

20 (ECF No. _____) with supporting declarations and exhibits;

21 2. Defendants’ Response to Plaintiff State of Washington’s Motion for

22 Preliminary Injunction (ECF No. _____);
ORDER GRANTING PLAINTIFF 1 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation
STATE OF WASHINGTON’S 800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
MOTION FOR PRELIMINARY (206) 464-7744
INJUNCTION
NO. 2:20-cv-00182-TOR
Case 2:20-cv-00182-TOR ECF No. 5-1 filed 05/19/20 PageID.123 Page 2 of 4

1 3. Plaintiff State of Washington’s Reply in Support of Motion for
2 Preliminary Injunction (ECF No. _____); and

3 4. The entire record in the above-captioned matter.

4 Being fully apprised of the matter, now, therefore, it is hereby

5 ORDERED, ADJUDGED, AND DECREED that Plaintiff State of

6 Washington’s Motion for Preliminary Injunction is hereby GRANTED.

7 The Court finds that Washington has established a likelihood of success

8 on the merits of its claims under the Administrative Procedure Act, Separation of

9 Powers Doctrine, and Spending Clause, that they would suffer irreparable harm

10 absent preliminary injunctive relief, and that the balance of equities and the

11 public interest weigh in favor of an injunction.

12 The Court, therefore, hereby GRANTS a preliminary injunction against

13 the implementation or enforcement of the Department’s eligibility restriction that

14 limits the discretion of institutions of higher education in the State of Washington

15 to provide emergency financial assistance grants under the CARES Act, § 18004,

16 to students who are not eligible for federal financial aid under Title IV, section

17 484, of the Higher Education Act. The Court finds that Congress intended to grant

18 institutions of higher education discretion to determine which students will

19 receive CARES Act emergency aid grants, subject only to the limitations stated

20 expressly in the CARES Act, section 18004(c). If the Department’s eligibility

21
22
ORDER GRANTING PLAINTIFF 2 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation
STATE OF WASHINGTON’S 800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
MOTION FOR PRELIMINARY (206) 464-7744
INJUNCTION
NO. 2:20-cv-00182-TOR
Case 2:20-cv-00182-TOR ECF No. 5-1 filed 05/19/20 PageID.124 Page 3 of 4

1 restriction were to continue to be in effect, it would irreparably injure
2 Washington’s students and institutions of higher education.

3 Thus, pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, the

4 Department of Education, its officers, agents, servants, employees, and attorneys,

5 and any person in active concert or participation with them, are hereby

6 PRELIMINARILY ENJOINED from implementing or enforcing the provision

7 in the April 21, 2020, guidance that restricts the eligibility of students in the State

8 of Washington who are entitled to CARES Act student emergency financial

9 assistance grants to only those students who are eligible for federal financial aid

10 under Title IV, section 484 of the Higher Education Act, in any manner or in any

11 respect, and shall preserve the status quo until further order of the Court.

12 No bond shall be required pursuant to Federal Rule of Civil

13 Procedure 65(c).

14 It is SO ORDERED.

15 ISSUED this _______ day of __________________ 2020.

17 THE HONORABLE THOMAS O. RICE
18
19

20
21
22
ORDER GRANTING PLAINTIFF 3 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation
STATE OF WASHINGTON’S 800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
MOTION FOR PRELIMINARY (206) 464-7744
INJUNCTION
NO. 2:20-cv-00182-TOR
Case 2:20-cv-00182-TOR ECF No. 5-1 filed 05/19/20 PageID.125 Page 4 of 4

1 Presented by:
2 ROBERT W. FERGUSON
Attorney General of Washington
3
4 /s/ Jeffrey T. Sprung
JEFFREY T. SPRUNG, WSBA #23607
5 R. JULY SIMPSON, WSBA #45869
PAUL M. CRISALLI, WSBA #40681
6 SPENCER W. COATES, WSBA #49683
Assistant Attorneys General
7 800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
8 (206) 464-7744
jeff.sprung@atg.wa.gov
9 july.simpson@atg.wa.gov
paul.crisalli@atg.wa.gov
10 spencer.coates@atg.wa.gov
Attorneys for Plaintiff State of Washington
11
12
13

14
15
16

17
18
19

20
21
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ORDER GRANTING PLAINTIFF 4 ATTORNEY GENERAL OF WASHINGTON
Complex Litigation
STATE OF WASHINGTON’S 800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
MOTION FOR PRELIMINARY (206) 464-7744
INJUNCTION
NO. 2:20-cv-00182-TOR

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