Frank Garrison, IV, et al v. EDUC, et al
| FRANK D. GARRISON, IV and NOEL JOHNSON |
| UNITED STATES DEPARTMENT OF EDUCATION and MIGUEL CARDONA, in his official capacity as U.S. Secretary of Education |
| 22-2886 |
| October 24, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Statutes |
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Filing 18
Order issued GRANTING unopposed motion to hold appeal in abeyance. Proceedings in this appeal are SUSPENDED pending the Supreme Courts resolution of Biden v. Nebraska, No. 22-506. The parties shall file statements of position within 14 days of a decision in Nebraska. [ # 16 ] MRO [18] [7278099] [22-2886] (ER) [Entered: 12/08/2022 02:18 PM]
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| Filing 17 Paper copies of appellant brief filed by Appellants Frank D. Garrison, IV and Noel Johnson. [17] [7277644] [22-2886] (KRA) [Entered: 12/07/2022 10:14 AM] |
| Filing 16 Motion filed by Appellees Miguel Cardona and EDUC to hold in abeyance. [16] [7277561] [22-2886] (Brewer, Simon) [Entered: 12/06/2022 04:10 PM] |
| Filing 15 Appellant's brief filed by Appellants Frank D. Garrison, IV and Noel Johnson. Paper copies due on 12/12/2022. Appellee's brief due on or before 01/04/2023 for Miguel Cardona and United States Department of Education. Electronically Transmitted. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [15] [7277164] [22-2886] (MLM) [Entered: 12/05/2022 01:23 PM] |
| Filing 14 Re-Submitted appellant brief by Caleb Kruckenberg for Appellants Frank D. Garrison, IV and Noel Johnson. [14] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7277120] [22-2886] (Kruckenberg, Caleb) [Entered: 12/05/2022 12:14 PM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Caleb Kruckenberg for Appellants Frank D. Garrison, IV and Noel Johnson. [13] [7277116] (L-Yes; E-Yes; R-No) [22-2886] (Kruckenberg, Caleb) [Entered: 12/05/2022 12:10 PM] |
| Filing 12 Brief deficiency letter sent to Appellants Frank D. Garrison, IV and Noel Johnson. [12] [7277024] [22-2886] (MLM) [Entered: 12/05/2022 09:34 AM] |
| Filing 11 Submitted appellant brief by CALEB KRUCKENBERG for Appellants Frank D. Garrison, IV and Noel Johnson. [11] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7276992] [22-2886] (Kruckenberg, Caleb) [Entered: 12/05/2022 07:57 AM] |
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Filing 10
ORDER re: Motion to set expedited briefing schedule, filed on 10/26/2022. The motion to set an expedited briefing schedule for the motion for an injunction is DENIED. [ # 8 ] MRO [10] [7269900] [22-2886] (FP) [Entered: 10/28/2022 04:09 PM]
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Filing 9
Order issued DENYING application for an injunction pending appeal. Plaintiffs, who borrowed money to finance their educations, contend that the federal program for cancelling student loans is unauthorized. They say that they do not want their loans cancelled or reduced. Although cancellation of debt usually is a boon to a debtor, plaintiffs maintain that it will injure them because Indiana treats the cancellation of debt as a form of income, which is subject to tax. The federal program is not compulsory. Debtors who do not want their loans reduced or cancelled are free to opt out. The Department of Education has treated both plaintiffs as exercising this option. None of their debt will be cancelled, and they will not be subject to a tax on a reduction of indebtedness. It follows that the program does not injure them and that they lack standing to sue. [ # 2 ] [9] [7269893] [22-2886] (FP) [Entered: 10/28/2022 03:53 PM]
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| Filing 8 Motion filed by Appellants Frank D. Garrison, IV and Noel Johnson To set expedited briefing schedule. [8] [7269142] [22-2886] (Kruckenberg, Caleb) [Entered: 10/26/2022 11:52 AM] |
| Filing 7 Filed Seventh Circuit Transcript Information Sheet by Appellants Noel Johnson and Frank D. Garrison, IV. [7] [7268642] [22-2886] (Kruckenberg, Caleb) [Entered: 10/25/2022 09:52 AM] |
| Filing 6 Docketing Statement filed by Appellants Frank D. Garrison, IV and Noel Johnson. Prior or Related proceedings: No. [6] [7268570] [22-2886] (Kruckenberg, Caleb) [Entered: 10/25/2022 08:20 AM] |
| Filing 5 Appearance form filed by Attorney Courtney L. Dixon for Appellees Miguel Cardona and EDUC. [5] [7268564] (L-No; E-Yes; R-No) [22-2886]--[Edited 10/25/2022 by PS - to reflect the addition of counsel.] (Dixon, Courtney) [Entered: 10/24/2022 06:55 PM] |
| Filing 4 Appearance form filed by Attorney Simon C. Brewer for Appellees Miguel Cardona and EDUC. [4] [7268560] (L-No; E-Yes; R-No) [22-2886]--[Edited 10/25/2022 by PS - to reflect the addition of counsel.] (Brewer, Simon) [Entered: 10/24/2022 06:19 PM] |
| Filing 3 Appearance form filed by Attorney Sarah Carroll for Appellees Miguel Cardona and EDUC. [3] [7268558] (L-Yes; E-Yes; R-No) [22-2886]--[Edited 10/25/2022 by PS - to reflect the addition of counsel.] (Carroll, Sarah) [Entered: 10/24/2022 05:02 PM] |
| Filing 2 Emergency motion filed by Appellants Frank D. Garrison, IV and Noel Johnson for injunction. [2] [7268526] [22-2886] (HTP) [Entered: 10/24/2022 04:20 PM] |
| Filing 1 U.S. civil case docketed. Fee paid. Docketing Statement due for Appellants Frank D. Garrison IV and Noel Johnson by 10/28/2022. Transcript information sheet due by 11/07/2022. Appellant's brief due on or before 12/05/2022 for Frank D. Garrison IV and Noel Johnson. [1] [7268520] [22-2886] (HTP) [Entered: 10/24/2022 04:14 PM] |
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