Grand Canyon University v. Cardona et al
| Grand Canyon University |
| Miguel Cardona and United States Department of Education |
| 2:2021cv00566 |
| April 1, 2021 |
| US District Court for the District of Arizona |
| Douglas L Rayes |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.
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Filing 31
SERVICE EXECUTED filed by Grand Canyon University: Affidavit of Service re: Summons, Verified Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Exhibits, Corporate Disclosure Statement, Motion to Exceed Page Limit, (Proposed) Order Granting Plaintiffs Motion to Exceed Page Limit, Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction, Proposed Temporary Restraining Order and/or Preliminary Injunction, Request for Judicial Notice in Support of Plaintiffs Motion for Temporary Restraining Order and/or Preliminary Injunction, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, and Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction upon US Department of Education on 4/8/2021. (Obuchowicz, David)
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Filing 30
SERVICE EXECUTED filed by Grand Canyon University: Affidavit of Service re: Summons, Verified Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Exhibits, Corporate Disclosure Statement, Motion to Exceed Page Limit, (Proposed) Order Granting Plaintiffs Motion to Exceed Page Limit, Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction, Proposed Temporary Restraining Order and/or Preliminary Injunction, Request for Judicial Notice in Support of Plaintiffs Motion for Temporary Restraining Order and/or Preliminary Injunction, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, and Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction upon Miguel Cardona on 4/8/2021. (Obuchowicz, David)
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Filing 29
ORDER denying #8 Motion for Temporary Restraining Order and/or Preliminary Injunction. See document for complete details. Signed by Judge Douglas L Rayes on 4/13/2021. (RMV)
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Filing 28
MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Oral Argument re: #8 Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction held on 4/12/2021. Upon hearing oral argument, the Court takes the matter under advisement. APPEARANCES: Telephonic appearance by Steven Gombos, Kevin O'Malley, David Obuchowicz, and Hannah Porter for Plaintiff. Telephonic appearance by James Bickford and Marcia Berman for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 1:59 pm to 2:37 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
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Filing 27
REPLY to Response to Motion re: #8 MOTION for Temporary Restraining Order filed by Grand Canyon University. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B)(Obuchowicz, David)
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Filing 26
MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Status Conference held on 4/9/2021. Discussion is held regarding the #8 Emergency Motion for Temporary Restraining Order and the pending deadlines. Upon discussion, the Court affirms the previously imposed briefing schedule. APPEARANCES: Telephonic appearance by Steven Gombos, Kevin O'Malley, David Obuchowicz, and Hannah Porter for Plaintiff. Telephonic appearance by James Bickford for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 11:28 am to 11:41 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
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Filing 25
ORDER: The Court has reviewed Defendant's response memorandum (Doc. #24 ), which indicates that the Department of Education will not be reallocating the grant funds at issue until July, at the earliest. In light of this new information, it appears that an expedited TRO is not necessary because there is adequate time for the parties to brief and the Court to rule on the underlying preliminary injunction motion before the grant funds at issue are depleted. IT IS ORDERED that the parties participate in a telephonic status conference on 4/9/2021 at 11:30 AM (MST). The purpose of the call is to discuss whether to vacate further briefing and hearing on Plaintiff's TRO application, and to instead set a more relaxed briefing and hearing schedule on the underlying preliminary injunction motion. The parties are encouraged to confer on this issue beforehand and to notify the Court if they reach any stipulations. Ordered by Judge Douglas L Rayes on 4/8/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 24
RESPONSE in Opposition re: #8 MOTION for Temporary Restraining Order filed by Miguel Cardona, United States Department of Education. (Bickford, James)
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Filing 23
DECLARATION of Michelle Asha Cooper by Defendants Miguel Cardona, United States Department of Education. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Bickford, James)
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Filing 22
NOTICE TO FILER OF DEFICIENCY re: #18 Service Executed filed by Grand Canyon University, #19 Service Executed filed by Grand Canyon University. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHW)
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Filing 20
NOTICE of Appearance by James Bickford on behalf of Miguel Cardona, United States Department of Education. (Bickford, James)
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Filing 19
SERVICE EXECUTED filed by Grand Canyon University: Certified Mail Receipt re: Summons, Verified Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Exhibits, Corporate Disclosure Statement, Motion to Exceed Page Limit, (Proposed) Order Granting Plaintiffs Motion to Exceed Page Limit, Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction, Proposed Temporary Restraining Order and/or Preliminary Injunction, Request for Judicial Notice in Support of Plaintiffs Motion for Temporary Restraining Order and/or Preliminary Injunction, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, and Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction upon Merrick Garland on 4/5/2021. (Obuchowicz, David)
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Filing 18
SERVICE EXECUTED filed by Grand Canyon University: Certified Mail Receipt re: Summons, Verified Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Exhibits, Corporate Disclosure Statement, Motion to Exceed Page Limit, (Proposed) Order Granting Plaintiffs Motion to Exceed Page Limit, Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction, Proposed Temporary Restraining Order and/or Preliminary Injunction, Request for Judicial Notice in Support of Plaintiffs Motion for Temporary Restraining Order and/or Preliminary Injunction, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, and Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction upon US Department of Education on 4/5/2021. (Obuchowicz, David)
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Filing 21
NOTICE TO FILER OF DEFICIENCY re: #17 Service Executed filed by Grand Canyon University, #15 Service Executed filed by Grand Canyon University, #16 Service Executed filed by Grand Canyon University. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MHW)
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Filing 17
SERVICE EXECUTED filed by Grand Canyon University: Affidavit of Service re: Summons, Verified Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Exhibits, Corporate Disclosure Statement, Motion to Exceed Page Limit, (Proposed) Order Granting Plaintiffs Motion to Exceed Page Limit, Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction, Proposed Temporary Restraining Order and/or Preliminary Injunction, Request for Judicial Notice in Support of Plaintiffs Motion for Temporary Restraining Order and/or Preliminary Injunction, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, and Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction upon Merrick Garland on 4/2/2021. (Obuchowicz, David)
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Filing 16
*NOTICE OF MAILING filed by Grand Canyon University: Affidavit of Service re: Summons, Verified Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Exhibits, Corporate Disclosure Statement, Motion to Exceed Page Limit, (Proposed) Order Granting Plaintiffs Motion to Exceed Page Limit, Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction, Proposed Temporary Restraining Order and/or Preliminary Injunction, Request for Judicial Notice in Support of Plaintiffs Motion for Temporary Restraining Order and/or Preliminary Injunction, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, and Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction upon Miguel Cardona on 4/2/2021. (Obuchowicz, David) *Modified to correct event on 4/8/2021 (MHW).
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Filing 15
SERVICE EXECUTED filed by Grand Canyon University: Affidavit of Service re: Summons, Verified Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Exhibits, Corporate Disclosure Statement, Motion to Exceed Page Limit, (Proposed) Order Granting Plaintiffs Motion to Exceed Page Limit, Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction, Proposed Temporary Restraining Order and/or Preliminary Injunction, Request for Judicial Notice in Support of Plaintiffs Motion for Temporary Restraining Order and/or Preliminary Injunction, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, and Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction upon US Department of Education on 4/2/2021. (Obuchowicz, David)
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Remark: Pro hac vice motion(s) granted for David Aleksander Obuchowicz on behalf of Plaintiff Grand Canyon University. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Steven Martin Gombos on behalf of Plaintiff Grand Canyon University. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 14
MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Scheduling Conference re: #8 Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction held on 4/5/2021. Upon discussion, the following schedule is set: Defendants' response to the motion is due by 12:00 pm on 4/8/2021. Plaintiff's reply is due by 5:00 pm on 4/9/2021. Telephonic oral argument is set for 4/12/2021 at 2:00 pm. APPEARANCES: Telephonic appearance by Steven Gombos, Kevin O'Malley, David Obuchowicz, and Hannah Porter for Plaintiff. Telephonic appearance by James Bickford for Defendants. (Court Reporter Jennifer Pancratz.) Hearing held 1:59 pm to 2:08 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
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Filing 13
SERVICE EXECUTED filed by Grand Canyon University: Certificate of Service re: Summons, Complaint, Motion to Exceed Page Limit, Motion for TRO, Corporate Disclosure Statement upon U.S. Attorney District of AZ on 04/02/2021. (Porter, Hannah)
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Filing 12
ORDER - IT IS ORDERED the parties are advised, pursuant to LRCiv 12.1(c), that motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) and motions for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) are discouraged if the defect(s) in the complaint can be cured by a permissible amendment. See document for complete details. Signed by Judge Douglas L Rayes on 04/02/2021. (MHW)
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Filing 11
ORDER: IT IS ORDERED that Plaintiff serve Defendant as soon as practicable. The parties shall participate in a telephonic scheduling conference re: #8 Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction at 02:00 PM (Mountain Standard Time) on April 5, 2021. Call-in instructions have been sent via separate email. The purpose of the conference call is to set an expedited briefing schedule on Plaintiff's temporary restraining order application. Ordered by Judge Douglas L Rayes on 4/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 10
Corporate Disclosure Statement by Grand Canyon University. (Porter, Hannah)
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Filing 9
Summons Issued as to Miguel Cardona, United States Department of Education, United States Attorney, and United States Attorney General. (Attachments: #1 Summons, #2 Summons, #3 Summons)(MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 8
*EMERGENCY MOTION for Temporary Restraining Order and/or Preliminary Injunction by Grand Canyon University. (MHW) *Modified to correct typo in docket text on 4/5/2021 (RMV).
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Filing 7
ORDER: IT IS ORDERED granting Plaintiff's #2 Motion to Exceed Page Limit. Plaintiff shall be allowed up to 26 pages for Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction and supportingMemorandum of Law. Ordered by Judge Douglas L Rayes on 4/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Filing 6
Filing fee paid, receipt number 0970-19315418. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-21-566-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE)
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Filing 5
SUMMONS Submitted by Grand Canyon University. (Porter, Hannah) (Attachments: #1 Summons, #2 Summons, #3 Summons)(MYE)
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Filing 4
MOTION (Request) for Judicial Notice In Support of Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction by Grand Canyon University. (Porter, Hannah) (Attachments: #1 Text of Proposed Order)(MYE)
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Filing 3
*Filed at Doc #8 pursuant to 7 Order -- LODGED Proposed Emergency Motion for a Temporary Restraining Order and/or Preliminary Injunction re: #2 MOTION for Leave to File Excess Pages. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Grand Canyon University. (Porter, Hannah) (Attachments: #1 Text of Proposed Order)(MYE) *Modified on 4/2/2021 (MHW).
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Filing 2
MOTION for Leave to File Excess Pages re: Motion for Temporary Restraining Order and/or Preliminary Injunction and supporting Memorandum of Law by Grand Canyon University. (Porter, Hannah) (Attachments: #1 Text of Proposed Order)(MYE)
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Filing 1
COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number 0970-19315418 filed by Grand Canyon University. (Porter, Hannah) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-2, #3 Exhibit 3-4, #4 Exhibit 5, #5 Exhibit 6-9, #6 Exhibit 10, #7 Exhibit 11)(MYE)
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